Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 28 November 2014), May 1761 (17610506).

Old Bailey Proceedings, 6th May 1761.

THE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 6th, Thursday the 7th, and Friday the 8th of MAY.

In the first Year of His MAJESTY's Reign. Being the Fifth SESSION in the MAYORALITY of The Right Honble Sir Matthew Blakiston , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER V. PART I. for the YEAR 1761.

LONDON:

Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row.

M. DCC. LXI.

[Price FOUR-PENCE.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.

BEFORE the Right Hon. Sir MATTHEW BLAKISTON , Knt. Lord Mayor of the City of London; the Hon. Sir Richard Adams , Knt. one of the barons of the Exchequer *; Sir William Moreton, Knt. ++ Recorder; James Eyre , Esq; Deputy-Recorder~: and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

N. B. The * ++ ~, direct to the Judges before whom the Prisoner was tried.

M. L. by which Jury.

London Jury.

George Corbould ,

Daniel Wilshire ,

John Lewis ,

Francis Pyner ,

Stephen Abbot ,

John Seymour ,

John Robins ,

William Brearclift ,

Thomas Whitton ,

Richard Davis ,

John Cook ,

William Goddard ,

Middlesex Jury.

James Bagnall ,

Francis Dechamps ,

William Cubbidge ,

Nicholas Parker ,

Daniel Mason ,

Thomas Field ,

George Deck ,

Joseph Sutton ,

William Potier ,

John Gascoign ,

James Tregent ,

John Wildsmith .

155. (M.) Samuel Glascow , was indicted for stealing one bay coloured gelding, value 10 l. the property of William Hayward , serjeant at law , April 24 .*

William Cludd. I am clerk to Mr. Serjeant Hayward. On the 16th of April last, my master sent his servant to Mr. Walbank's, at Highbury-barn, Islington , with two black geldings, a bay one, and a gray mare, to be put to grass. And on the 18th we found the bay one was missing.

Q. Are you sure the gelding was there at grass?

Cludd. I saw them all four there, I saw them about an hour, or an hour and half after they were turned into the field.

Q. What time of the day was that?

Cludd. I think it was between five and six in the evening.

Q. How came you first to know the bay gelding was missing?

Cludd. My master went there on the 18th, and returned and told me he was missing, and I went, and missed him also. I was out after that, on the Sunday and Monday, to look for him, but could not find him. We advertised him, and-on Sunday the 26th a person came to me at Serjeant's-Inn, to let me know where the horse was.

Q. What day was he advertised?

Cludd. On the 23d.

Q. What is that man's name?

Cludd. His name is Ashley; he said, he was sent over by a gentleman from Barnet.

Q. Where did he say the gelding was?

Cludd. He said, he was at Potter's-Bar. I went to justice Hassel's at Barnet, on Sunday the 26th. The justice gave me an order to bring the horse to him. I went then to Potter's-Bar, and found the horse there at the sign of the Bull, he was delivered to me.

Q. In whose possession was the horse?

Cludd. In the possession of Mr. Brown, who keeps the Bull alehouse.

Prisoner. He mistakes, the man's name is Baker.

Cludd. Baker is the name.

Q. Did you know the horse?

Cludd. I am sure it is my master's property.

Q. How long had Mr. Serjeant had him?

Cludd. Ever since about Michaelmas last. I had rode him, and so had my master.

Q. Are there any particular marks on him, by which you know him.

Cludd. Yes; he has a blaze down his face, two white legs behind, white about the foot lock joint, a black mane and tail; the off leg behind had a little black scab on the heel, and a watry humour. I swore to the horse as my master's property before the justice; and then I brought him to town to my master.

Q. Was any body present when the horse was delivered to you?

Cludd. The landlord that delivered him to me, came with me to the justice, and also a baker, named Ward.

Q. Did you see the prisoner there?

Cludd. No; but I saw him in New-prison, before I went down to see the horse.

James Baker . I live at the Bull at Potter's-bar.

Q. Do you know the prisoner at the bar?

Baker. I never saw him to my knowledge before he came to my house on Friday morning was se'ennight.

Q. What time did he come?

Baker. He came about ten minutes after one in the morning.

Prisoner. I believe it was the 23d.

Baker. Henry Ward called me up, they had got a bill. I asked the prisoner what he was going to do with it; he said, he took it out of a house.

Q. Had they a horse?

Baker. Yes; he was put into my stable, under my care.

Q. Which of them came on horseback?

Baker. I do not know that. When they called me up, they were both on foot at my door, and the horse was with them

Q. Which had the horse in his hand?

Baker. I do not know that?

Q. How came you to put the horse into your stable?

Baker. Henry Ward asked me, if I had any room for a horse for his friend; I said yes. Then they came in and had four pots of beer.

Q. Who delivered the horse to you?

Baker. I think the prisoner did, and went with me to the stable with him, and he gave me directions to take care of him.

Q. What sort of a horse was he?

Baker. I think he was a chesnut coloured gelding, with a blaze down his forehead, and I believe three white feet. Ward went home, and the prisoner went to bed in my house. Ward came again about eight or nine o'clock in the morning. My wife told me, she believed the prisoner was a highwayman; and said, he had a pistol, and desired me to secure him; there was the constable in the house. We agreed to secure him, which we did about 12 o'clock. We found upon him a pistol, loaded with a marble, and some gunpowder, [Produced in court.]

Q. What did the prisoner say for himself?

Baker. He said, he had neither killed nor robbed any body, or done any body any harm.

Q. What became of the horse?

Baker. I took care of him, and kept him till the Sunday morning; then I delivered him up to Mr. Cludd, and went with him to the justice.

Q. What did the prisoner say about the horse?

Baker. I asked him no questions about him; but he said, the horse was his own right and property. That he had bought him, and gave five pounds for him; and he was going to change him away for a mare, with a man that keeps Jalybert's-lodge, on Enfield-chase. When the horse was in the stable, the prisoner called for a bowl of water, and a handful of salt, to rub the horse with; the creature had been hurt.

Henry Ward . I live at Potter's-bar.

Q. What are you?

Ward. I am a baker. On the 24th of April, I was at the Three-Horse-shoes on Finchley-common; the prisoner came there on horse-back.

Q. What time of the night did he come there?

Ward. It might be about ten at night; he sat at the door, and called for a pennyworth of gin, and a pint of beer, and some ale and bread for his horse in a bowl. He asked the way to Cloney-hatch, I stepped to the door, and asked him if I should go along with him, being going to South-street. He said, if I would shew him the way to Colney-hatch, he would shew me the way to South-street. We went along together till we got to a place called Bed stile. between Colney-hatch, and South-street, a publick-house. I told him I had a brother at South-street, and I would lie there, and then I should be near my home.

Q. Did you walk on foot or ride?

Ward. I walked on foot by him. When we came to this house, he opened the door, and rode in (the door was upon the latch) the horse seeing the fire would not go far in. Then he turned out again, and alighted off his horse, and we both went in; he went and opened a cupboard, and took some bread, and gave his horse, and some bread and butter, which he put into his pocket.

Q. Was any body below stairs?

Ward. No; no-body as we could make hear.

Q. Where was the horse at the time?

Ward. He hung him at the door; then he took a bill and a snuff-box, which he found in the house.

Q. What do you call a bill?

Ward. It is to cut wood and faggot with. He put the snuff box in his pocket, and gave me the bill to hold while he got on his horse, and away he rode, and I went with him.

Q. Did you call aloud for the people of the house?

Ward. He did, very loud; but could not make any body hear. The prisoner said, he had a mother lived at South-street.

Q. Did he say he knew the people of that house?

Ward. No, he did not; but he said, he knew it to be a very bad house?

Q. Did he stop at that house of his own accord, or did you desire him to stop there?

Ward. I was before him, and he stopped at the house, and then I went back again to him. I never was at that house before in my life, I was much surprized at his going in.

Q. Where did you go after you left that house?

Ward. We went to Potter's-bar directly.

Q. Did you stop any where by the way?

Ward. No; we stopped no where.

Q. How came it you did not go to South-street?

Ward. We were there, but I did not stay there at all.

Q. Did you see your brother?

Ward. I did, but I did not stay at all; not above half a minute; I only shook hands with him, and went on.

Q. How far is South-street from the Three Horse-shoes on Finchley-common?

Ward. I believe it may be four or five miles, if not more.

Q. What time of the night was it you got to South-street?

Ward. It might be 11 or 12, or a little after.

Q. Was your brother up?

Ward. He was a baking, he is a baker; the prisoner said, he should call at the Cherry-tree; but the people were not up, so we did not call at all. He said, he had a trifle of money due to him at Hatfield, and he would go there the next day to receive it; and as I was going home to Potter's-bar, he would go along with me for company.

Q. Did he ride all the way?

Ward. He rode the horse within about a mile of Potter's-bar. Then I told him I was tired of walking, and he said I might ride if I pleased. So he got down, and I got up upon his horse, and rode to Mr Baker's house. We called Mr. Baker up, and I asked him if he could let a man and his horse lie there all night. He said, yes. The horse was led into the stable.

Q. Who led him there?

Ward. I cannot say.

Q. Did you lead him there?

Ward. No, I did not. The prisoner asked for some salt and water to bathe his horse's back withal. Then we went into the house, and had four pots of beer.

Q. What time of the night was it when you came there?

Ward. It might be about 20 minutes past one in the morning

Q. How long did you stay before you went home?

Ward. I cannot say what time, I suppose it might be above an hour: then I went home to bed to my wife, and left the prisoner and horse there.

Q. Was it a dark, or light might?

Ward. It was not a very dark night; the moon arose about 12 that night.

Q. What was the colour of the horse?

Ward. I cannot say, I did not take notice of him.

Q. Did you see him the next day?

Ward. I did, I went there about eight or nine in the morning; the prisoner came to my house and breakfasted with me, and wanted to borrow 18 d. of me, to pay his reckoning; and I went along with him to Mr. Baker's house.

Q. did you lend him the 18 d.?

Ward. No, I did not. I told Mr. Baker, that he wanted to borrow 18 d. of me, and I had enough to do to pay my own debts, and not other peoples. I never saw the man in my life before. Then I saw Mr. Baker take the horse out of the stable, to carry him to the justice's, but I did not go along with them there.

Q. Who else was by?

Ward. A brother of mine was by.

Q. Can you upon your oath say, that the same horse that was delivered into the stable over-night, was the same horse that you saw taken out to go before the justice?

Ward. I can; I observed when his back was washed, and his heels had some little ailment; we had a candle in the stable.

Q. Where had you been, when you met with the prisoner at the Three Horse-shoes?

Ward. I had been to London on foot.

Q. What had been your business there?

Ward. I came to receive some money in London.

Q. Did you receive it?

Ward. I did.

Q. Any quantity?

Ward. Yes, a small quantity.

Q. What might it be?

Ward. It might be four or five pounds.

Q. Do not you know the exact sum?

Ward. It was five pounds four shillings.

Q. What time did you set out for London?

Ward. I sat out that morning about nine o'clock.

Q. What time did you set out of London to go back again?

Ward. I went from London to Hampstead, to see a brother of mine, after I had received the money.

Q. What time did you go out of London?

Ward. About three o'clock.

Q. How long did you stay at Hampstead?

Ward. I staid there till about a quarter before eight? then I went from thence to the Horse-shoes.

Q. Did you walk it?

Ward. I did.

Q. What time was it when you came to the Horse-shoes.

Ward. It might be near ten o'clock; I was intending to lie at the Horse-shoes, and said I did not chuse to go home, having a little money about me; but if a post-chaise came by, I would go along with that, and was just going to bed when the prisoner came to the door.

Q. Was it in your way to go by South-street to Potter's-bar?

Ward. It was, because I had some business with my brother, but I did not do any business with my brother.

Q. Why did you not?

Ward. Because he had not time, and could not do it that day.

Q. It is very odd for you to go cross Finchley-common with a stranger, with five pounds in your pocket; what could be your inducement so to do?

Ward. I went along with him for company.

Q. Was you ever in that house at Bed-stile before?

Ward. No, never in my life.

Q. When you saw this man take the bill and bread and butter away in that house, did you alarm the people?

Ward. We could not make them hear.

Q. Did you call aloud?

Ward. We did; the man of the house said since he did not hear us.

Q. Did you know the things that the prisoner took were not his own?

Ward. I did.

Court. Then you knew he was doing wrong.

Ward. I did.

Q. How came you to go with him afterwards?

Ward. Because I could not get rid of him.

Q. Why did you not stay with your brother when you got to South-street?

Ward. I was willing to get home that night.

Q. How came you to recommend a man to your friend that you knew had stole a bill, and bread and butter?

Ward. I knew he was not an honest man.

Q. Was you drunk at this time?

Ward. I was pretty forward in liquor.

Jeremiah Fox . I am servant to Mr. Walbank. I received this horse, to the best of my remembrance, on the 16th of April, of Mr. Serjeant Hayward's servants, his lad and his clerk.

Q. Describe the horse.

Fox. It was a bay gelding, with two white heels behind, a blaze in his face, and a little greasy heel'd, and I think a little white on one of his legs before. I put him in my master's ground, in a field next to my master's house.

Q. When was he missing?

Fox. That very night, to the best of my knowledge, he was stole out of the ground. There was a rail broke down in the night next to the house, and I dare say the horse was taken out at that very place. It is my business to go to see if the horses are safe, the first thing I do in the morning, and the last at night.

Q. What time did you leave the horse that evening?

Fox. It was, I believe, about nine o'clock.

Q. What time did you go to look after him in the morning?

Fox. I went into the field between three and four in the morning, and then I missed him. I did not give information of him so soon as I should have done. I told my master we had one horse short in the ground, and after that Mr. Serjeant Hayward came, and we told him of it.

Prisoner's Defence.

When first I met with this man (Ward) he shewed me the way to South-street Going along, we came to Bed stile. I said, if the man of the house is up I will have a pint of beer, for I am a little dry I opened the door, it was upon the latch. I rode half-way in, but the horse would not go quite, seeing the fire. Ward held my horse while I found a match upon the mantie-piece I lighted a candle, and he hung the horse at the door, and came in, and opened a drawer on the right hand coming in, and pulled out a bunch of matches and a snuff box; he put the box in his pocket, then he said, here is a bill, I live high the chase, it will serve me Mr. Ward, you may laugh if you please, you was the man that robb'd the house; I cut the bread and butter, you said you went to London to take ten pounds, and you had left it at the Three Horseshoes. I had a pistol loaded in my pocket for my own safety, but not to rob anybody with; and because my friends were not up at South-street, I was willing to get forward. I lived nine years in one shop in Holbourn, with John Steed and Thomas Bartlet , and have as good a character as Ward, tho' he was bailed. I said, I have a loaded pistol in my pocket, if any rogues come it will make them fly. He said, Give it me, and the first man we meet I will rob him: this is the truth, if I was to drop down dead from this place where I now stand; he wanted to rob that house, but I said, This is a poor man, I have known him ten years, and he has a family of children, see their cloaths laying about; there was another man, not the man of the house, that swore to the bill before the justice at Barnet.

Court. You are charged with stealing this gelding, confine your defence to that.

Prisoner. I gave five pounds ten shillings for the horse; when I was at Mr. Baker's house, Mr. Baker came out of his house two or three times, and wanted me to sell the horse. I said I did not want to sell him, I would not sell him; they said they had a mare, and would rap with me. I said it was not worth my while to rap for a thing not fit to ride I bought the horse fairly and honestly, coming from High Wickham. I had been abroad, and come to England but twelve months; I have been five years abroad had I staid till last Easter Monday; I lived nine months at High Wickham, and since I have worked for myself, and I came to London to buy me some tools, and some hair at a hair-merchant's on Ludgate-hill, to set up in business at High Wickham; but meeting with that man he brought me into this snare; he never saw me till that night, it is true, but I take him to be a very great rogue, worse than I, because I know myself to be an honest young fellow, if I had not, I should not have lived nine years in one shop. I don't know any-body in court, and I have no friends here. I know Mr. Hatch, but I don't think he would think it worth his while to come here, in order to save a man's life. I have worked with him, he sent word to the justice that I always behaved sober and honest, and never wronged him of any thing. I dare say he would give me an extraordinary good character; he lives at High Wickham in Buckinghamshire. That pistol I bought for five shillings, at the corner of Bartlett's-buildings, on the 23d of April, and gave an old pistol, worth about 7 d into the bargain for it. Ward went about four miles out of his way along with me; as soon as we went into Baker's house, he said to me, What will you drink? Ward said he would have punch; I said my pocket would not do for that; after that Baker and Ward fell to discounting about venison, Ward said he wanted some; Baker said, Hold your tongue, I'll help you to some at any time; and that fawns were now good, and he had dogs plenty in the house. They made a practice of stealing venison out of Enfield-chase.

Guilty Death .

156. (M.) Isaac Edgerton was indicted for stealing one saddle, value 10 s. and one woollen saddle-cloth, value 1 s. the property of Thomas Archer , March 12 .*

Thomas Archer. I live at Hitchin in Hertfordshire, I am a carpenter , I lost a saddle from the Golden Lion in St. John's-street some time in March last; I lay there that night, and missed it the next morning out of the stable, when I went in to see my horse; it was what we call a neat's leather saddle.

Q. Did you ever see it again?

Archer. I did at justice Welch's. ( Produced in court, and deposed to) The prisoner was there, and upon being asked where he had it, he said he had it from the Golden Lion in St. John's-street.

Jonathan Smith . I keep a publick-house in Cow-cross, the prisoner offered to sell a saddle one night in the street at my door, about nine or ten o'clock. I said, Don't buy it, you know him to be a thief, and was transported for such an affair before; (See No. 377 in Mr. Alderman Alsop's mayoralty) then he ran down the street, and threw the saddle away behind a door; he was taken, and the next morning he owned he took it out of Mr. Fish's stable, at the Golden Lion in St. John's-street.

Prisoner's Defence.

I took the saddle, but did not offer it to sell to any-body.

Guilty .

[Transportation. See summary.]

157. (M.) Ann Lewis , spinster , was indicted for stealing one white linnen gown, value 6 d. one pair of women's stays, value 12 d. one pair of cotton stockings, value 3 d. and one checque linnen apron, value 3 d. the property of John Cook , March 13 .*

Ann Cook, My husband's name is John, we live in Great Suffolk-street , the prisoner was my servant , she absconded from me on the 26th of March, and left the door open, then I missed the things mentioned in the indictment ( mentioning them by name.) I went directly among the pawnbrokers, and found all my things again, some in Green-street, the corner of Leicester-fields, and the others at the corner of Coventry-court; and my husband took the prisoner in the street, the day that the man was executed for killing the woman in Leicester fields; she was carried before the justice, and I heard her confess she took the things away, and said she owed money, and the people dunn'd her for it, and she took the things to satisfy them, as she had been out of place, and had no money. I believe it is the first fact she ever committed.

John Riley , a servant to a pawnbroker, produced a pair of stays and a pair of stockings, which be deposed the prisoner pledged with him. (Deposed to by the prosecutrix.) Henry Stockdell , the other pawnbroker's servant; being attending another trial at Hicks's-hall, could not produce the other goods; but the prosecutrix had seen them, and declared they were her property.

The prisoner said nothing in her defence.

Guilty .

[Transportation. See summary.]

158. (M.) Isabella Daffey , widow , was indicted for stealing 12 yards of serge-dusoy silk, value 50 s. 12 yards of ducape silk, value 3 l. 10 s 7 yards of callimanco, value 15 s. 3 yards of black armozeen silk, value 24 s. the property of Archdale Rooke , privately, in the shop of the said Archdale , May 19, 1760. *

Archdale Rooke. I live behind St. Clement's church in the Strand .

Q. What is your business?

Rooke. I am a mercer , the prisoner lived servant with me, and in the time she lived with me I lost several things out of my shop; she went out of an errand and staid four or five days; I understood afterwards that she went down to Greenwich, and when she came back I turned her away, which was the 19th of May last.

Q. Was she a servant in your shop?

Rooke. No, she was servant in my house; we have oftentimes found the locks out of order that belong to the inside shutters.

Q. Describe those shutters.

Rooke. They went along the counter, and were put up of nights, and made it like a passage, with the goods within-side. The first piece that I missed was a scarlet serge-dusoy, that was about twelve months ago; she lived with me at that time, I missed it about three months before she went away.

Q. How long did she live with you?

Rooke. She lived with me about half a year. I missed also a quantity of grey ducape, about 11 or 12 yards, and about 16 or 17 yards of tabby, but the tabby was omitted in the indictment by mistake. I missed also blue ducape, and green ducape, and some black armozene, about eight or nine yards.

Q. Did you miss all these before she went away?

Rooke. I did. I heard she went to live in Bell-yard, near Temple-bar, and after that she went to Greenwich She told me my lord Anson got her a place to be nurse in the hospital there.

Q. How came you to suspect her?

Rooke. One of my servants was taken up for robbing me of a great many things, his name is Spruce. I took him before justice Fielding, he was committed to New Prison. The next morning I went to him, he told me that the prisoner now at the bar was the first instigation of his misfortunes. Upon that I got a warrant from Mr. Fielding, and took her up on the 14th of April; after which I found where she had sold or pawned part of the goods mentioned.

Q. Where did you find them?

Rooke. Some Jane Mason had, some Elizabeth Hudson , some Elizabeth Sullivan , and some John Chamberlain had. [Eliz. Hudson produced a piece of gray tabby.] This is my property, but it is not laid in the indictment. [ Jane Mason produced a piece of gray ducape, and a piece of searlet dusoy.] These are my property, they are the same that I lost. The dusoy was a little mildewed when I lost it. [ John Chamberlain produced a piece of black armozeen silk.] I lost a quantity of black silk, this quantity and kind. I can't directly say, but I think it to be the same. [ Elizabeth Sullivan produced a piece of gray ducape and a piece of sergedusoy, and said she bought six yards of callimancot of the prisoner at the bar. which she had quilted up in a petticoat.] I say that, that is worked up at Greenwich. I believe it to be mine, but do not swear to it. I believe the two pieces to be mine also.

J. Mason. I have known the prisoner a great many years. She came about a year ago a nurse to the hospital. She told me she had had these two pieces five or six years, and they had stood in a box in a damp place, and had got mildew'd. I took one out of pawn for her, at her request, from Elizabeth Sullivan 's house, and she was to give me my money again when her money came round from the hospital, and the other piece I bought of her.

E. Sullivan. The two pieces were pawned with me by the prisoner above fifteen months ago, one for 10 s. the other for a guinea.

Q. Where do you live?

E. Sullivan. I lived at Greenwich at that time. She was then about getting the place in the hospital. She told me they were her own property. I had some silk of her which Mrs. Mason came and took out for the prisoner, and I bought of her six yards of callimanco, and gave her nine shillings for it.

Eliz. Hudson, I had the piece of gray silk of the prisoner at the bar.

John Chamberlain . I live at Greenwich. On the 20th of last October the prisoner brought this piece of black armozeen, and pledged it with me.

Prisoner's defence.

The piece of gray silk is my own, I bought it before ever I knew my master, and I wore it while I lived at his house. I bought it after I received 65 l.

Guilty of stealing, but not privately in the shop .

[Transportation. See summary.]

159, 160, 161. (M.) Charles Spruce , was indicted for stealing 2 linnen shirts, value 20 s. 12 yards of drab-coloured cambler, value 10 s. 15 yards of silk, called alamode, value 40 s. 4 yards of gray coloured stuff, called tammy, value 15 s. 2 pieces of board, value 1 d. 2 wooden rollers, value 1 d. 2 yards of brown linnen, called hessians, value 12 d. 2 pair of cotton hose, value 12 d. 70 yards of blossom coloured corded tabby silk, value 3 l. 12 yards of green silk, called ducape, value 3 l. 12 yards of blue silk, called ducape, value 3 l. 10 yards of bl ue sattin, value 3 l. 10 s. 13 yards of striped silk, called lutestring, value 3 l. 10 s. 13 yards of white damask silk, value 5 l. 10 s. 9 yards of pink coloured persian silk, value 17 s. 30 yards of blue persian silk, value 50 s. 30 yards of gray persian silk, value 50 s. 71 yards of ruby coloured persian silk, value 6 l. 10 s. 25 yards of green tabby silk, value 10 l. 13 yards of plain coloured tabby silk, value 5 l. 8 s. 36 yards of yellow silk, called tammy, value 9 l. 9 yards of white sattin, value 50 s. 30 yards and 3 quarters of black velvet, value 3 l. 15 s. 16 yards of blue silk, called corded tabby, value 7 l. 4 s. 70 yards of pink coloured sattin, value 3 l. 10 s. 46 yards of blue silk, call'd tobine, value 18 l. 30 yards of blue silk, called ducape, value 8 l. 10 s. 20 yards of blue tabby silk, value 6 l. 8 yards of black pelong sattin, value 37 s. 70 yards of pink coloured tabby silk, value 42 s. 10 yards of green silk pelong, value 15 s. 6 yards of white stuff, called tammy, value 3 s. 10 yards of camblet, value 9 s. 1 yard of black sattin, value 3 s. 2 yards of black pelong sattin, value 6 s. a yards of camblet, value 8 s. the goods of Archdale Rooke , privately, in the shop of the said Archdale ; and Andrew Miller and Elizabeth Clay , spinster , for receiving part of the said goods, well knowing them to have been stolen , April 14 . ++.

Archdale Rooke. I lost all the goods mentioned in the indictment. The prisoner Spruce lived with me as a livery servant about a year and three quarters. He used to open and shut up the shop.

Q. Were all these goods in the shop at the time he lived with you?

Rooke. They were.

Q. When did you lose them?

Rooke. I lost some about last Christmas was a twelve-month, and the rest before he went from me. The latter part of last summer he had hired a coach for a day, and he went down to Greenwich; it cost him 8 s. I thought he could not come honestly by the money, so I turned him away. I found him in cloaths, but he had no wages from me, but he often had a shilling given him, and he had some perquisites in the shop. I had missed, while he was with me last summer, a quantity of corded tabby, a piece of green, and a piece of blue ducape, 10 or 11 yards of blue sattin, 13 yards of striped lutestring, and 13 yards of white damask. About 9 or 10 weeks ago Mrs. Ward, a neighbour of mine, came and begged I would take him again. I had hired a servant that I liked, and I did not chuse to turn him away to take Charles again. After that this servant did not please me, I turned him away and took Charles again a second time. On the 14th of April last my sister discovered one of my ruffled shirts on his back, and informed me of it; and, the evening before I had missed a piece of alamode silk that was to have been sent to Whitechaple, then I told him I thought he had taken it; he said any other of my servants might take it as well as he; and, that he knew nothing of it. I told him I would go to Mr. Fielding and get a warrant; he said, very well, as I thought proper. I went and got a warrant and took him up. When I had the constable in the shop, I told him I missed several things, and desired he would confess if he had taken any thing, he confessed he had taken the alamode silk. When we came before Mr. Fielding I asked him if he had any thing else, he said there were one or two more things. He had taken a lodging on the back of my house the week before. Mr. Fielding granted me a warrant to search the lodging, and another to search the prisoner Clay's mother's lodging. They were going to be married. I found the piece of alamode silk in his lodgings, in a mahogony chest of drawers; a piece of gray stuff, a piece of drab coloured camblet, 2 sattin boards, and 2 rollers that we roll silk upon, a remnant of hessian brown linnen, 2 pair of cotton stockings, a black sattin hat that he said Clay had cut off from a piece of black sattin that was in the drawer. There were a great number of houshold goods which he had bought with money made of my goods. In Clay's lodging I found 2 yards of brown camblet, all these my property. Mrs. Ward came to me at Mr. Fielding's, and told me she had stopped a piece of black velvet, a piece of blue, a piece of black, and a piece of pink coloured silk, which Miller brought. I lost 71 yards of ruby persian, and found 61 yards of it at Mr. Hall's, a pawnbroker, I found a piece of green tabby at Mrs. Ann Brown 's. I lost 35 yards, Mrs. Brown had sold some of it.

Q. How much did you find there?

Rooke. I believe I found 12 or 13 yards there, and I found 13 yards of pink tabby, which Mrs. Brown had sold to Mr. Wigdon. I found 36 yards of yellow ducape at Mrs. Ward's. She is a mercer, and deals in silk. I found 9 yards of sattin, and about 4 yards of black velvet, and 16 or 17 yards of blue corded tabby, and a quantity of pink sattin; I don't know the exact quantity. The next that I found was at Mr. Brook's, a pawnbroker, he came and shewed me a piece of silk, about 46 yards, my property, it was blue and white tobine. Other silks I found at Mark David's, a jew.

Q. Is he a pawnbroker.

Rooke. No, he is not. I went there after they had made their confessions. He told me he had sold those goods to Mary Huntington , in Broad St. Giles's. The jew said he had bought them of my servant. I found a quantity of green ducape, and a quantity of green sattin, pawned at Mr. Ealing's, a pawnbroker; at Mr. Fryer's, a pawnbroker, I found a quantity of green stuff, a quantity of white stuff, some drab camblet, a quantity of black sattin. All those pieces found at those places are mine, I saw them at Mr. Fielding's, and swore to them as my property.

Q. How do you charge Miller?

Rooke. It will be proved he brought them to the people. Spruce confessed before Mr. Fielding to the taking almost all of them. After I had charged him with taking them all, he recollected as far as he could of them, and owned to the taking the greatest part of the things mentioned in the indictment, and a great many more that I cannot find, he then discovered that Miller was concerned in the affair; and he has owned the same to me several times since.

Elizabeth Rooke . I am sister to the prosecutor. I saw Spruce with a russled shirt on on a Sunday, the property of my brother, I charged him with it, he owned it was my brother's. On the Tuesday morning I missed another, I charged him with it, he owned it, and said he would bring it to me if I would not tell my brother.

Q. What Tuesday was this?

E. Rooke. This was Tuesday the 14th of April; he said he took them both.

Daniel Hall. I am a pawnbroker. [He produced a quantity of ruby coloured persian silk.] I know nothing of taking it in, my servant is here, he can give an account of that.

John Chamberlain . I am servant to Mr. Hall, I had this ruby coloured Persian of Andrew Miller , one of the prisoners at the bar.

Prosecutor. This is my property.

Q. to Chamberlain. What did you lend Miller upon it?

Chamberlain. I lent him two guineas and a half upon it.

Miller. I had two guineas upon it of him.

Q. to Prosecutor. Are the goods worth the money, as laid in the indictment?

Prosecutor. They are worth more than what is laid there.

Ann Brown . I had a piece of brown silk of Miller, [ Producing it.]

Q. What are you?

A. Brown. I am a mantuamaker.

Prosecutor. This is my property.

Ann Brown . I had a piece of ruby coloured tobine also of him, [Producing it.]

Prosecutor. This also is mine, there was 46 yards of it.

A. Brown. I let Mr. Wigdon have about 13 yards of the ruby coloured tobine; I had some blew sattin of Miller, but that I have disposed of.

Q. Do you know the prisoner Spruce.

A. Brown. No, I do not; Miller did not tell me whose goods they were, but said, he had them to dispose of. I had also of him a piece of green silk, which a gentlewoman had, that is gone to Portsmouth, to see her husband; and when she returns, I will endeavour to get it for the prosecutor.

Elizabeth Hudson . Andrew Miller came to my house, and asked me if I wanted a bit of white damask, and brought a bit with him.

Q. What are you?

E. Hudson. I am a publican (Miller belongs to a club at our house, and has two or three years,) there was about a dozen yards of it; I bought it of him, and sold it again, and do not know to whom; the man keeps a vessel, and lives towards Yarmouth.

Q. What did you give him for the damask?

E. Hudson. I gave him what he asked, which was six shillings a yard.

Hannah Ward . I keep a shop in the Strand, and another on the back of St. Clement's. When I went to my shop in the Strand, I found three pieces in a chair that I sit in, in my parlour, a blue, pink, and a black piece, and Miller stood by the chair. I said, friend, these are yours, are they? He said, madam, I am a dealer, and lived in Vinegar yard some time ago, and they are very honestly come by; they are a person's silks that wants money. I asked him what he asked a yard for them, (the black is uncut velvet) he asked for the blue silk 4 s. a yard. I said, what do you ask for the uncut velvet? he said 8 s. I said, what for the pink? he said, seven and six pence. I said, friend, you look like a very honest man, but I cannot tell every body by their looks; pray tell me how you came by these silks. He said, very honestly. I stopped them, and advertised them, here is the paper they are advertised in ( Producing a daily paper.) He left the goods, and went away, and came with two men, and demanded the goods. I would not let him have them, and then he served my husband with a copy of a writ. I went to Justice Fielding, Mr. Rooke was there. I desired him to go to my house, and look at the goods, there was Charles Spruce upon examination. I said to him, pray did you steal such goods from your master. Mr. Rooke went to see the goods, and when he returned, he said, they were his property.

Q. Was you before the justice when Miller was examined?

H. Ward. I was; I think he owned there, that he had the goods of Spruce. I heard Spruce own before the justice, that he took them, and Miller owned he took the yellow silk, that my servant bought of him; there was 36 yards of it, and also 11 yards of white sattin, which Miller owned too.

Q. What is your shop-woman's name?

H. Ward. Her name is Mary Kinnersly .

Mary Kinnersly . I am shop-woman to Mrs. Ward, Miller came with a woman, with a piece of yellow silk to sell, ( Producing it.)

Prosecutor. This is my property, which I lost out of my shop.

M. Kinnersely. He also brought this piece of white sattin, ( Producing it.)

Prosecutor. This also is mine.

M. Kinnersly. The woman said, she was recommended by one Mrs. Hanks, and she had a piece of silk to sell, that she thought would suit Mrs. Ward. I said, she was not at home, but if I liked it, I would buy it; I bought it of the prisoner Miller.

Q. What did you give a yard for it?

M. Kinnersley. I gave 4 s. a yard for it. I asked him how he came by it, he said, he bought it of a person that wanted money; he said, he had been a dealer, and had lived in Vinegar-yard. I sent to Mrs Hanks, to know if she recommended the persons that came to me. She sent word to me, she did not know the man, but she did the woman, and would trust her; it was that same day, that he came himself in the afternoon.

Mr. Brooks I am a pawnbroker (He produced a piece of blue and white striped silk.) On the 10th or 11th of April, Miller brought me this piece of silk, and asked me four guineas upon it; I asked him several questions, and suspected he did not come honestly by it, and I stopped it till four in the afternoon. He desired I would let him go, and he could bring a person to his character at that time; then he brought justice Bedwell's son to vouch for him, then I lent him the money he wanted. In two or three days after, I heard Mr. Rooke had been robbed. I went to him, and asked him if he had lost any silk, he said yes. I told him I had a piece of this colour, and who I took it of.

Prosecutor. I told Mr. Brooks, I had lost such a pattern, and described it to him before I saw it.

Brooks. I was before Mr. Fielding, there I saw Miller, I swore to him, as the person that brought the silk to me, and related the circumstances that I have just mentioned.

Q. Was he asked how he came by it?

Brooks. He was; but he did not assign any reason how he came by it; he only said, he pledg'd it with me.

John Fryer . (He produced some brown camblet, and some black sattin,) those I had of the prisoner Clay, at the bar.

Q. What are you?

Fryer. I am a pawnbroker, I lent her 6 s. upon the 11 yards of camblet, and three shillings upon the other.

Prosecutor. Those are my property. I lost them out of my shop; there was a large quantity of the sattin when I lost it, and this camblet has been made I believe 20 years.

James Ealing . I am a pawnbroker. On the ninth of April, I took in a piece of black sattin of Spruce, ( Producing a piece.)

Q. What did you lend him upon it?

Ealing. I lent him five shillings upon it.

Q. Did you know him before?

Ealing. He had used my shop with some trifling things before.

Prosecutor. It was by Spruce's own confession, that we found out this piece of sattin.

Ealing. I had also two pieces of green silk, a piece of ducape, and a piece of lutestring of Andrew Miller , and I had about four yards of sattin, of Elizabeth Clay . When I came before Justice Fielding, there were all the three prisoners there. The Justice asked me, if I knew that man (Miller.) I said yes, I said, he was the man that brought the two pieces of silk to me.

Q. What did Miller say, how he came by it?

Ealing. He said of that nothing. I charged Spruce with bringing me a piece of sattin a little time before, he owned that he did bring it.

Q. Did Spruce own where he had it?

Ealing. No, he did not.

Q. to Prosecutor. When you saw the three prisoners at the bar before the Justice, whether Miller or Clay said where they had any of these goods, or whether they owned they had them of Spruce?

Prosecutor. I did not hear them own that.

Q. to Prosecutor. Did you hear the prisoner Spruce say in their hearing, that they had the goods of him?

Prosecutor. I heard him say that, but I do not recollect either of them was by at the time

Marks David. (I am a Jew) the prisoner Miller brought two pieces of blue silk, a piece of black, and a piece of pink colour to me, [ Producing them,] I bought them of him.

Prosecutor. These are my property.

Q. to David. What are you?

David. I am a taylor.

Q. Do you make cloaths for men or women?

David. For men.

Q. How came you to deal in such goods?

David. I make waistcoats generally of this sort of goods.

Q. What account did he give, when he came to you?

David. A very worthy man, a neighbour of mine, brought him to me.

Q. What is that man's name?

David. His name is Henry Benjamin .

Q. What did you give Miller for them?

David. I gave four shillings a yard for all of them, only one piece I gave three shillings and six-pence for.

Q. to Prosecutor. What is the value of them?

Prosecutor. One cost me five and ten-pence a yard, the black four shillings and eight-pence; the blue tabby six shillings, and the other eighteen shillings a yard; there are ten yards of that.

Henry Benjamin . I do not know Miller, he came to my house, I had never seen him before; he wanted to sell me some remnants of silk, and I carried him to the last witness, he being a taylor, and it was a thing that I did not deal in.

Spruce's defence.

I have nothing in the world to say more than I have said; my master took the alamode out of my room, and I took it out of his shop.

Miller's defence.

Them silks I had of Charles Spruce , but I never asked him which way he came by them, and he never told me.

Clay's defence.

I never saw these silks they speak of.

Spruce Guilty Death , Miller and Clay Guilty .

[Transportation. See summary.]

162. (L.) Richard Aaron , was indicted for receiving a barrel of pitch, value 30 s. and four bolts of reeds, value 12 d. knowing them to have been stolen by Thomas Triplet , the property of Philip Alloway .*

John Hall produced the copy of the conviction of Thomas Triplet , which he deposed to be a true copy, having examined it with the record.

It is read in court, to this purport:

THAT at the sessions held on Tuesday the 13th of January last, Thomas Triplet , of the parish of Christ-church, Surry, was tried and convicted for stealing the goods laid in the indictment, and ordered to be whipped.

Philip Alloway . I am a shipwright, and live by the water-side, in the parish of Christ-church, Surry, near the Old Bargehouse; Thomas Triplet worked for me many years, I have often seen the prisoner in my yard along with him, perhaps two or three times a week. I having lost many things, had a suspicion of Triplet. I missed one barrel of pitch in particular, in September or October last, and some bolts of reeds, from out of my yard. I went over to the prisoner's house on the other side of the water, and there I found my barrel of pitch concealed, and some bolts of reeds. I took up Triplet on the 15th of November last, being the day after I found them; Aaron said the pitch was brought there by Triplet between twelve and one at night, and if it was mine I was welcome to have it; he produced a receipt, and said he paid for it, and said he himself wrote the body of it, and Triplet put his name to it, (producing one) this is it.

It is read, to this purport.

Received, September 17, 1760, of Richard Aaron , 1 l. 2 s. 6 d. for a barrel of pitch, 3 Cwt. tare 3 s. 9 d. deducted, 18 s. 9 d. &c.

Alloway. Triplet told me he paid but 10 s. 6 d. for the whole.

Q. What is the neat weight of the pitch on the receipt?

Alloway. It is 259 pounds; it cost me half a guinea a hundred-weight; 259 pounds was worth to me at that time 35 s. Triplet was tried and cast at the sessions in Surry for stealing it.

Q. How came Triplet to be ordered to be whipp'd, when the copy of the record mentions his being guilty of the indictment. The judgment of the court shews it to be but a petty larceny, that is, under a shilling value.

Hall. That I cannot account for, this is a true copy, there is not any value mentioned, only the word guilty.

James Woolmer . I was with Mr. Alloway when he found the pitch on the prisoner's premises; the prisoner proposed to come over to Mr. Alloway's the next day, but he absconded.

Prisoner's Defence.

I know nothing of its being stole, it was brought to my house between eleven and twelve o'clock, my servant took it in, the man told him it was a barrel of strong beer, and away he went; about three or four days after he came to me for the money, I asked him how he came to bring it at that time; he said he had it in his skiff, and fell in company a drinking, and as he had it on board, he was determined to bring it at night. I paid him 18 s. 9 d. for it. The tare was taken off, and he gave me a receipt.

For the Prisoner.

John Nanthorn . I have known the prisoner upwards of thirty years, I always looked upon him to be a very honest man. I was captain of an Indiaman some years ago, I have trusted him with some thousands of pounds, and would again was he clear.

Isaac Kemp . I am a wholesale tobacconist at Aldgate, I have known him near twenty years, I served my time at White Friars, where he lives, I have had connections with him near that time, I do not believe him to be guilty of the charge; I always looked upon him to be an honest man.

William Barber . I have known him about 20 years, I never knew or heard any ill of him, I always looked upon him to be a very honest man.

Edward Halding . I have known him upwards of twenty years, I never heard any thing amiss of him before this in all my life-time.

Care Stafford. I have known him twenty years or upwards, I have trusted him with many hundreds of pounds, he has discharged that trust very just and honest, I always heard the same of him. I trusted him last week with two hundred and fifty pounds worth of goods, and he discharged it honestly; his chief bread depends on me, and I shall employ him the same as ever was he clear; he was bailed, and surrendered himself now.

Acquitted .

163. (L.) John Quincey , was indicted for stealing one pound eight ounces of singlo tea, value 7 s. the property of the United Company of merchants of England trading to the East Indies , April 2 .*

John Styles Mordan. I am an officer in the East-India house, the prisoner was employed as a labourer in the warehouse; on the second of April he was shewing the teas out of the tubs. I was before my lord-mayor with him, and there heard him own that he had taken some of the company's tea.

Joseph Adams . I am one of the company's elders, my business is to take care of the company's goods when they come in, and see them delivered out; the prisoner was employed as a labourer. On Thursday the second of April, when I was discharging the people that were employ'd in the company's warehouses, the prisoner at the bar came down (I being informed before that he had been clandestinely at work at the teas in the chests, and that he had concealed some in a bag in his breeches behind) when he came I searched him, as I usually do at going out, I rub them down as they call it; I said to the prisoner, What have you got here in your breeches? and put my hand between his thighs. He said a little tea. I ordered him to pull it out, and let me have it. He unbuttoned his breeches, and took it out, and gave it to me, and I delivered it to the king's officer, and took him into the compting-house, and sent for Mr. Mordan; we weighed the tea in the prisoner's presence, it weighed one pound eight ounces. I was before my lord mayor with the prisoner, the prisoner was charged with taking of it, and he owned he had been guilty of it.

John Boulderston . I was a labourer belonging to the company; on the second of April I saw the prisoner walk round the place where we were all at work; I walked after him, I saw him take tea out of several of the chests; I had often before told him he should never walk by himself, and so had other people; we were at this time making up the tea in the chests after the shew.

Q. What did the prisoner do with the tea you saw him take?

Boulderston. He put it in a bag, this was about nine in the morning, I let it alone till near two, then I informed Mr. Adams of what I had seen him do. When we went to go out I was next but one to the prisoner, I saw Mr. Adams search him; Mr. Adams ask'd him to give it to him, the prisoner took it out, and delivered it to him; it was afterwards weighed, and before my lord mayor he was charg'd with taking it, and he own'd he did take it, in my hearing, and said he was very sorry, and said he left it to his lordship's mercy, as well as the directors.

Prisoner's Defence.

I know nothing about it.

For the Prisoner.

William Collingburn . I have known the prisoner almost thirty years.

Q. What is his general character?

Collingburn. I never heard any ill of him before this in my life.

John Williamson . I have known him between twelve and thirteen years, I always took him to be an honest man, I never heard the contrary in my life before this.

Thomas Quinsey . I am second cousin to the prisoner, I have known him from a child, and have had dealings with him; he is a staymaker by trade; I have not heard the least ill of him in my life before.

James Taylor . I have known him upwards of twenty years, I never heard his character brought in question before. I always looked upon him to be a very honest man.

Stephen Brampston . I have known him about seventeen or eighteen years.

Q. Have you known him down to this time?

Brampston. I have.

Q. What has been his character?

Bramspston. I never heard any ill of him in my life before.

Francis Williamson . I have known him seventeen years.

Q. What has been his character?

Williamson. This is the first time I have ever heard his character called in question, I always thought him to be a very honest man.

John Deacon . I have known him ever since I knew myself, I never knew a dishonest thing of him in my life.

Daniel Smith . I have known him about twelve years.

Q. What is his general character?

Smith. I never heard any harm of him before this. I served him with coals.

William Fenton . I have known him between twenty and thirty years, he has been backwards and forwards at my house, and always behaved very honourable; he is a man of a very good character.

Guilty 10 d.

[Transportation. See summary.]

164. (M.) William Smith , was indicted for the wilful murder of William Alsop . He stood charged on the coroner's inquest for manslaughter, March 24 . ++

Richard Brown . I did not know either the prisoner or Alsop by name, before I saw them on Easter Tuesday. Alsop was throwing at oranges, having got some before; he knocked down five, Smith the prisoner and several more were alongside of them, Smith took the oranges up, after that the deceased came up to the prisoner at the bar, and asked for his oranges; the prisoner had then only one in his hand as I saw; the prisoner said he would not give him the orange; he ask'd him again, and said he would have the orange; the other said he would not give it him, and gave him a chuck under the chin directly; the deceased put up with that, and asked him again for his orange; he answered he would not give it him, and hit him directly both with his right and left hand over his face; then the deceased hit him, and they both fell into the ditch together against a bank; after that the deceased got out of the ditch, and walked away about twenty yards from him, and the prisoner followed him, and dragg'd him back again; the prisoner had him by the waistcoat collar, and swore he should fight it out; when he came to the ditch side the mob lifted him over the bank, and Smith went after him, and the mob followed.

Q. Did Alsop go of his own accord?

Brown. No, they brought him back.

Q. What happened when they were in the field?

Brown. There was a ring beat out, Smith stripp'd to his skin, and Alsop stood with his waistcoat and apron on, he did not want to fight, he wanted to go home; they fought half an hour or more; after they had fought 4 or 5 and twenty minutes, the prisoner's second told him, if he did not mind to hit him a streight punch or two, he could never do for him, nor yet beat him.

Q. What is his name?

Brown. He goes by the name of David Buck . The deceased's second is named Chapman, a man that came there by chance.

Q. Did the prisoner hit him as he bid him?

Brown. He did, and the deceased died of his blow, he never arose any more.

Q. How long did they fight after the prisoner's second bid him hit him a streight punch?

Brown. They fought about two or three minutes after; Smith gave the deceased a blow under the car, and after that another under his nose, and with one of them blows he killed him. Buck was very active in backing the prisoner all the while.

Q. How old might the deceased be?

Brown. I take him to be about twenty years old.

Q. How old do you take the prisoner to be?

Brown. I take him to be about nineteen.

Anne Brown . I was in the field at the beginning of the quarrel, the deceased threw with me for oranges, the fourth throw he knocked down the oranges.

Q. Where was this?

A. Brown. This was in Marybone-fields , behind the Angel, there was a good many more people, I did not see the prisoner take up the oranges; the deceased ran from me to take up the oranges, and I never saw any dispute, or blow struck. After that I saw Smith in his shirt, and said, For God's sake do not go to fight about the oranges, I will give you an orange or two myself, rather than you should fight; he swore he would fight it out, but I never saw them fight.

John Sims . I was in Marybone fields on Easter Tuesday, I saw young Alsop there, they fought, I saw the beginning of it; I saw Alsop slinging at oranges, and the prisoner pick them up; Alsop asked him for them, and Smith hit him two knocks on the face; Alsop ran away, and the other after him, and flung him into a ditch; he got out of the ditch, and went away, and the other followed him twenty yards.

Q. Did one or both fall into the ditch?

Sims. I cannot say whether one or both were in the ditch, but I am sure Alsop was in it, and I believe the prisoner fell in too.

Q. How near was you at that time?

Sims. I was not four yards from them; Smith's cloaths were off, the other had only his frock off, when he was throwing at oranges; they fought after that, but I did not see the fight, I saw them go over a new bank into the field.

Q. Did you see Alsop strike the prisoner at all?

Sims. No, I did not.

Edmund Price . I was in Marybone-fields on Easter-Tuesday, they began the battle before I got into the field, they had two seconds, they were over-persuaded by their seconds to fight longer than they would have done, having both of them enough; they had several falls, the last fall but three the prisoner fell with his backside on the deceased's belly, and the deceased was never able to stand afterwards; I believe that fall killed him; his second, a coachman, lifted him up, and they called out for oranges for him to suck; after that they had not strength to carry a blow to do any mischief; the deceas'd was sick and dying all the time after that fall, though they had two falls; after that he died the last and third fall; there were two people there that bled him, an apothecary's apprentice and a life-guard man, but he bled but very little.

Q. Do you think the last blow did not hurt him?

Price. I do not think it came with force enough to hurt him.

Prisoner's Defence.

On Easter-Tuesday I was in Marybone-fields, I saw a mob, I ran to see what was the matter; I fell down, and the deceased gave me a kick; I got up, and laughed at him; upon that we fell a fighting, the men would not let us fight there, they pulled off his frock, and he jump'd upon a bank, and got into a field, and I went after him; they told me not to be afraid of him, and made a ring for us to fight, we fought near half an hour.

Guilty of Manslaughter .

[Branding. See summary.]

165. (L.) Elizabeth Woodward , spinster , was indicted for stealing five pair of mens shoes, value 4 s. the property of Charles Gale , April 10 .~

Charles Gale . On April the 10th, near nine in the evening, I happened to go into my shop, and saw the prisoner taking some shoes off a shelf, she went out of the shop, I went and took hold of her, and she dropp'd the shoes about my feet, five pair and an odd shoe.

Q. Did you know the prisoner before?

Gale. No, she was quite a stranger, I took the prisoner to the watch-house.

Q. Was you with her before the justice?

Gale. I was; there in my hearing she own'd she took the shoes.

Sarah Watkins . I pick'd up eleven shoes a little way from the door, after the prisoner had dropp'd them.

Q. Did you see them fall?

S. Watkins. I did, from out of her apron.

Philip Thacker . I am the constable; on the 10th of April Mr. Gale had the prisoner at the watch-house, he charged her with stealing eleven old shoes. He delivered them to me, and I have had them in my custody ever since. (Produced in Court.)

Prosecutor. These are my property.

Thacker. I was with her before the lord mayor, she was there charged with taking them, and she owned she did.

The prisoner said nothing in her defence.

Guilty 10 d.

[Transportation. See summary.]

166. (L.) Mary Chambers , was indicted for stealing one silk handkerchief, value 8 d. the property of John Dell , April 11 .~

John Dell . On Saturday the eleventh of April I was coming down Fleet-street , and as I was standing by a print-shop, Mr. Crost said to me, Sir, your pocket is picked of a handkerchief; upon that, the prisoner hearing him say so, she took my handkerchief out of her pocket, and gave it to me, and said she pick'd it up from off the ground.

Q. Did you perceive her take it?

Dell. No, I did not; we took her before a magistrate, she there said she found it; Mr. Croft can give a farther account.

Peter Croft . On Saturday the eleventh of April, between four and five o'clock in the afternoon, I was in Fleet-street, Mr. Dell was standing at a print-shop a little on this side Serjeants-inn; I saw the prisoner go over from the other side the way, and go to the prosecutor, and push against him, and take a handkerchief out of his pocket, and put it into a pocket of her own, under her apron. I went and said to him, Sir, you have lost a handkerchief; he at that time did not know of it; we went to the prisoner, and I said I saw her take a handkerchief out of the gentleman's pocket. She then delivered it to him.

Prisoner's defence.

I found the handkerchief.

Guilty. 10 d.

There was another indictment against her for a crime of the same nature.

[Transportation. See summary.]

167. William Tinkler , was indicted for stealing 5 lb. weight of tobacco, value 6 d. the property of John Bland , April 24 .

The prosecutor did not appear, his recognizance was ordered to be estreated.

Acquitted .

168. (M) Eleanor Middleditch , widow , was indicted for stealing 10 yards of blond lace, value 39 s. the property of Samuel Wilkinson , April 9 .~

Samuel Wilkinson . On Wednesday, the 8th of April, some blond lace was missing from out of our shop. I mistrusted the prisoner had taken it.

Q. Was the prisoner a servant of yours?

Wilkinson. No. She was a stranger that had been in the shop when it was lost. I took her up on the Saturday following, and charged her with taking it, and she said she found it.

Jane Miller . The prisoner at the bar came into a shop in Carnaby-market, where I happened to be, and fell a crying, and said she had a piece of lace that she had been obliged to pawn, being in distress, and wanted to sell it. I asked her where it was; she told me it was pawned to one Mr. Johnson by St. Ann's church. I went with her there. She swore many bitter oaths that she found it. I bought it out of pawn. I asked the pawnbroker whether she knew her, or whether she was an honest person; she said, yes, she was. After that, as I was going by my Mr. Wilkinson's shop I saw some lace of the same pattern hanging in the window; I asked what that lace was per yard, the woman said 8 s. and that a woman came in and had stole the fellow-piece to it; then I said I am afraid I have got it.

Q. What did you give the prisoner for it?

J. Miller. I gave her 5 s. 1 d. for the whole.

Q. Are you a judge of the value of lace?

J. Miller. I am not a judge of that.

Prisoner. She has spoke the truth.

Henry Gear . I took some lace of the prisoner at the bar on the 9th of April. [ Produced in court, and deposed to by the prosecutor.]

Q. What are you?

Gear. I am a pawnbroker.

Q. What did you lend her upon it?

Gear. I lent her 3 s. upon one piece, and 1 s. upon the other.

Q. Did you know the prisoner before?

Gear. I have known her a year and half. The prosecutor and the last witness came to me on the 10th, and he told me I must go with him to justice Welch's. I went with them. We could not find the prisoner till the Monday following; then she was brought there. She at first said she found it, but afterwards she owned she took it out of Mr. Wilkinson's shop.

Prisoner's defence.

I found the lace in a piece of new's-paper, and took it to his shop and pledged it. I found it in St. James's-street.

Q. to J. Miller. How much is there of it?

J. Miller. There is very near 10 yards of it.

Q. to Wilkinson. What is it worth a yard?

Wilkinson. It is worth 6 s. a yard.

J. Miller. I asked the pawnbroker the value of it, and he said he would lend her but very little more upon it.

Guilty .

[Transportation. See summary.]

169. (M.) James Head , was indicted for stealing half a guinea , the property of Francis Irwin , April 16 .~

Francis Irwin . The prisoner was my journeyman . I had some suspicion of his dishonesty; and, to try whether my suspicion was justly grounded, I delivered four half-guineas, two to Mr. Nightingale, one to Mr. Higgins, and another to another person, for them to send to my shop for goods. They were marked. I went out about 7 in the morning, and returned about 3. This was on the 16th of April. Then I went to the drawer, and found but three half guineas, and about half a guinea in silver. Knowing they had been all sent, I went to Mr. Welch to know what I must do. He granted me a warrant. I took a constable with me, and called in at Mr. Higgins's. We went home together. I called the prisoner out of the shop into the back shop, and asked him how many half guineas he had taken while I was out? he said, he could not tell. He had put the three in a paper in the till. I said, here is but three in the paper, and I know of four coming. I bid him search his pockets and see, may be you by mistake may have put it in your pocket. He said he had no money in his pocket. I said I insisted upon searching of him. The constable then searched, and took out of his pocket two half guineas and two shillings. One of the half guineas I knew directly. [ Produced in court.] Here is my mark upon it very plain.

Q. What sort of a mark was it.

Irwin. It was a scratch with an awl under the head. I marked it in the presence of Mr. Higgins, and desired he would send it to my shop for some goods. The prisoner stood it out some time, and at last acknowledged they were both my half guineas.

Q. What shop do you keep?

Irwin. I keep a grocer's shop, and live in Norris's-street, St. James's market.

Paul Higgins . Mr. Irwin came to my shop, and told me he had some reason to suspect his servant, the prisoner at the bar, in point of honesty. He took half a guinea out of his pocket, and marked it, and delivered it to me, and desired I would send it to his shop for some goods. I sent it for some sugar, coffee, and other things, which amounted to 10 s. 3 d. After that Mr. Irwin came again, and I went with him. He took the prisoner backwards, and examined him with a good deal of candour and lenity, and desired to know if he had taken any more than he had found in the till. The prisoner said, no, he had not. - Are you sure of it? - He was. - Have you none in your pocket? - No. - Search. - I am sure I have no more. - If you will not search the constable must. Then the prisoner took out two half guineas from his pocket, and laid them down on the table. Mr. Irwin took them up, and shewed one to me, and said, Do you know this half-guinea? I said, Yes, I do; this is the half guinea that you marked, and gave to me to send to your shop. The prisoner was taken before justice Welch, there he confessed it was his master's money.

Q. Who did you deliver the half guinea to, to be carried to the prosecutor's shop?

Higgins. To an ale-house-boy next door to me. His name is Joseph; I don't know his other name.

Q. Is he here?

Higgins. No, he is not. I had the tea and things, to the value of 10 s. 3 d. and the change; and this I know to be the half guinea I sent.

The constable confirmed the former testimony; that of finding the money, and the prisoner's confession.

Prisoner's defence.

I own I inadvertently took the half guinea laid to my charge. I served my master an apprenticeship duly and truly. When I did this fact I had upwards of 12 l. due to me, and when I received that I did intend to account for it. I humbly implore mercy.

For the prisoner.

Thomas Shield . I have known the prisoner above 17 years.

Q. What is his general character?

Shield. It has been very good.

Q. How old is he?

Shield. I can't tell that.

Luke Jones . I have known him about 9 or 10 years.

Q. How has he behaved?

Jones. Ever since I have known him he has had a very good character, and been well respected.

Guilty .

[Transportation. See summary.]

170. (M.) John Brett , gentleman , was indicted for feloniously forging a bill of exchange, with the name Richard Horton thereunto subscribed, purporting to bare date the 13th of March, 1761 . Drawn upon Mess. Frazier, Wharton and Mullison , merchants , for the payment of 50 l. payable to William Huggins , and for publishing it, with intent to defraud the said Frazier, Wharton, and Mullison. It was laid also for publishing the same, with intent to defraud Walter Pringle .*

Mr. Mullison. I am partner with Frazier and Wharton. On the 16th of March, at noon, this letter was brought from the post-office, with others (producing a letter) it is purporting to be a letter of credit in favour of Richard Horton , from Walter Pringle , of St. Christopher's, for a thousand guineas. Mr. Pringle is a correspondent of ours, and draws bills upon us, and frequently sends letters of credit for others. We perused the letter, and at first I thought it a real one, only we were surprized Mr. Pringle did not write the letter with his own hand, as he always was wont to do. We were likewise surprized that the person in whose favour this was, should not have delivered it himself, to let us know he was the real person; besides, there was no pocket then arrived from the West-indies, nor no ship, by which this letter might come, that we had heard of; and, upon finding it was delivered in on the Saturday before, we suspected it to be a forgery, and determined not to answer any bills in consequence of it. On Saturday, the 21st of March, while we were at 'Change, a bill was left for 50 l. drawn in the name of Richard Horton , payable to William Huggins in 20 days sight. This is the bill. (Producing one.) I did not know then who left it. We desired the clerk when the person came for the bill again to stop him. On Monday the 23d of March, Mr. Huggins called for it. I saw him. I asked him how he came by the bill; he said, a gentleman had come to his shop the preceding week, and had looked out 12 pair of silk stockings, and told him he had no money; and produced this bill as payment, and desired to have the rest in cash. He told me, he observed to him the bill was not accepted. I asked Mr. Huggins who he was; he told me, and where he lived. I told him the bill would not be accepted till we saw Mr. Horton. He left the bill with me. About an hour or two after I went and found him in his shop, and found him to be the man he told me he was. There were a number of people in his shop with him He desired I would step into the parlour. I did. When I came out again, I asked him if he had seen the gentleman that brought the bill; he said the gentleman had been in the shop since I came in, and was just gone out. I said I wished he had told me of it. I staid half an hour or more, and told Mr. Huggins my suspicions of a forgery, and desired if that gentleman came again, he might be stopped on that account. Then I went away. The next day at noon we received a note from Mr. Huggins, to inform us a messenger had been there to inquire for the bill; in consequence of that note, we went up to Mr. Huggins's house about half an hour after five o'clock. This was on Tuesday. We applied for an officer to apprehend the person that brought the bill, in case he should come. We waited there till near 12 at night, no one appeared. Mr. Huggins told us perhaps the gentleman would come the next day at noon, being his usual time. We had an officer there the next day; then the prisoner at the bar came, and we apprehended him. I attended his examination before justice Fielding. He there acknowledged that both the letter of credit and the bill were forged.

Q. Did he say who forged them?

Mullison. He said, Richard Horton , purser of the Arundel, had forged the letter of credit from an original letter of Walter Pringle 's, and forged the name Walter Pringle to it. He said, the bill of exchange was wrote by his own servant, named James Sunmore , from a copy laid before him of his that is, the prisoner's, hand-writing, and that the servant had done this, knowing it was intended to defraud. Accordingly warrants were issued out against Horton, and the servant; Sunmore surrendered himself that night, I saw him. Horton was apprehended the next day, and we were sent for to be present at his examination before justice Fielding. They were committed in custody that evening, and both examined the next morning. I was present, the prisoner was there, Horton produced several gentlemen to his character, and denied the fact; and said, he had never seen Mr. Brett since he had been in England. The servant said, he had wrote the bill of exchange, name and all; and that his master, the prisoner, had frequently laid bills and writings before him, in order to copy, and he copied them according to his order. Afterwards the prisoner acknowledged they were both innocent; but he did say, that his servant Sunmore was not intirely so. That Sunmore knew it to be done with intention to defraud

Q. In whose favour?

Mullison. In favour of the prisoner; at first he said, Sunmore was to have some of the money; but at last, he did not insist upon it. Mr. Fielding asked him, whether they were guilty or innocent, he said, they were both innocent. He said one Bowman, a clerk, had wrote the body of the letter (whom he had hired) from a copy given him for that purpose; but said nothing as to the name signed in the letter.

The Letter read to this purport.

Directed to Mess. Frazier, Wharton and Mullison, merchants in London.

St. Christopher's, Jan, 7, 1761.

"Gentlemen,

"This goes by a St. Eustatia, by one Mr.

" Richard Horton , a purser of a man of war,

"whose bills upon you, to the amount of one

"thousand guineas sterling, I must request the

"favour of you to honour, and you may depend

"that I shall soon send you proper remittances

"on that account. I have no more

"to add at present, but to desire you will be

"kind enough to comply with this, as it will

"not only be of service to him, but to myself

"likewise; and in so doing, you will very much

"oblige your humble servant,"

WALTER PRINGLE .

The bill read to this purport.

March 18, 1761.

'Gentlemen,

'Twenty days after fight, please to pay to

'Mr. William Huggins or order, 50 l. and

'charge the same to account of Walter Pringle ,

'Esq; of St. Christopher's; merchant, as per

'advise you will find by letter of credit in my

'favour, by Walter Pringle .

RICHARD HORTON .

Directed to Mess. Frazier, Wharton and Mullison, merchants in London.

Prisoner. I beg to alter my plea, and plead guilty. I had not brought it to trial, but should have pleaded guilty to the indictment when arraigned, if I had not been ill advised by my attorney; and as I now plead guilty. I hope the honourable court will give me leave to withdraw my plead. I will not give the court any trouble to prove the name Richard Horton not to be his hand-writing. I have nothing to say, but to plead guilty.

Guilty Death .

171, 172. (M.) David Morgan , and William Dupuy , were indicted, for that they, on Ralph Dobinson , on the king's highway, did make an assault, putting him in corporal fear and danger of his life, and taking from his person one silver watch, gilt, value 40 s. and one 36 shilling piece of gold, the property of the said Ralph, against his will , April 8 .*

Ralph Waayne . Since I have been confined in Newgate, to be an evidence here, Mrs. Degoe, a prisoner, has given me a stab in my side.

Q. Were any of the prisoner's present?

Wayne. They were not.

Q. Do you look upon it to be done by their instigation?

Wayne. I cannot say it was.

Q. When did you first become acquainted with the prisoners?

Wayne. I became acquainted with Mr. Dupuy about the 6th of February last, and with Morgan the latter end of that month. We were several times together at Bob Derry 's.

Q. Where is that?

Wayne. It is a house in Charles-street, Covent-garden, a very bad house.

Q. Give an account what happened on the eighth of October?

Wayne. On the eighth of October, about two o'clock, or between two and three, the two prisoners and I all set out from Morgan's cousin's in the city. We had not money enough to buy pistols, Dupuy pawn'd my coat to a pawnbroker, Morgan and I staid at a publick-house the while in St. Paul's Church-yard. I sold a bible in Fleet-street, to a bookseller, on the right hand side, which made 12 s. we went up Holbourn, and on Holbourn-hill Dupuy bought a pistol for 5 s. of a man that kept a little stall in the street, and at a cloath's shop on the other side of Red-lion-street, in Holbourn, Morgan bought another pistol, I laid down the money for it, that cost 5 s.

Q. Where was Dupuy at that time?

Wayne. He was then with us in the shop; then we went to Mr. Bulcock's, and hired two horses, we said we were going to Blackwall.

Q. What sort of horses were they?

Wayne. One was a roan horse, the other a dark bay gelding; we were all three together in the yard, Mr. Bulcock himself let us them.

Q. How came you to hire but two horses, and you were three persons?

Wayne. Because we did not think it proper to hire all at one place. We directly proceeded into Gray's inn-lane, to the Queen's head, and ordered them to be got ready by four in the afternoon of that day. I hired another horse at the Queen's-head. it was a light bay one, with cropped ears. I left the two prisoners at the head of the yard, while I ordered the ostler to saddle him, and took him away to an alehouse, by Holbourn-bars; they followed me there; we then left Morgan there with the cropt horse, and I and Dupuy went directly to Mr. Bulcocks', and fetched the other two horses.

Q. What time might this be?

Wayne. This might be about half an hour past three in the afternoon.

Q. What was your intention in buying the two pistols, and hiring the horses?

Wayne. To go out a robbing, that was agreed upon by us all. Dupuy and I came to the corner of Red-lion-street, where is another publick house, and I left Dupuy with the horses there, and went and fetched Morgan with the other horse; then we all joined company directly, we went through Gray's-inn-lane.

Q. Who had the pistols?

Wayne. Morgan had a long pistol, like a horse-pistol; and Dupuy had the other. I had no pistol, we went through the turnpike, and up to Islington, and there at the Cock and Crown we stopt, and had a shillingsworth of punch, and some biscuit and cheese, and a two-penny glass of brandy each; and at the same place, Morgan and Dupuy loaded their pistols; and Morgan borrowed three or four pins of the gentlewoman of the house, to pin their crapes with into their hats.

Q. What do you mean by crapes?

Wayne. That they had over their faces when they robbed, to conceal.

Q. Had you any crape in your hat?

Wayne. No, I had none.

Q. How long did you stay at this house?

Wayne. About half an hour, we set out from thence about five o'clock, and took the road through Highgate, and strait to Finchley-common, on the common the two prisoners stopt a young lady in her chariot.

Court. Keep to the robbery they are now charged with.

Wayne. After that, there were two post-chaises coming along, one about 300 yards before the other. Morgan rode up to the first, and ordered the boy to stand, I was then a little behind.

Q. Where was Dupuy?

Wayne. He was riding up with Morgan, the boy was going down a sort of a hill, and he could not stop the chaise directly. Morgan being at the horses heads, the end of the shaft ran against him, and tore his breeches, and tore him from his horse, and daubed his coat, I believe that chaise was empty; the boy drove on, the blinds were up. Morgan got up, and said, he would stop the other chaise, be the consequence what it would, and Dupuy and he rode directly up to the other chaise, and bid them to stop.

Q. What time was this?

Wayne. This might be six, seven, or eight o'clock, it was just dusk?

Q. Where was you when they stopt that chaise?

Wayne. I was behind it, may be 50 or 60 yards.

Q. Was you nigh enough to see what past?

Wayne. I was, the boy stopt, and Mr. Dobinson directly put a blunderbuss out of the window, and directed it to Morgan's breast. When the chaise stopt, Morgan was on one side, and Dupuy on the other.

Q. Which side was morgan on?

Wayne. He was on the right-hand as we met the chaise, our backs being towards Highgate, so properly he was on Mr. Dobinson's left hand as he came towards London.

Q. Can you take upon you to say, who it was that presented the blunderbuss?

Wayne. I can't say; it was on that side that Morgan was on, I believe it was Mr. Dobinson, the person ordered Morgan to keep off, or else he would shoot him.

Q. Was you near enough to hear that?

Wayne. I was, Morgan answered, d - m you, shoot away.

Q. Had Morgan any crape over his face then?

Wayne. No, he had not put his crape down, Dupuy had his over his face, the gentleman seeing Morgan would not go off, pull'd the trigger, and it flashed in the pan, but did not go off. With that I rode up quite close to the chaise, and as soon as I came up to the chaise, the person that had the blunderbuss was down on his knees in the chaise, and begged he would not take his life away. Then the two gentlemen in the chaise delivered each a watch, and a light 36 s piece, and some other money to Morgan. One of the watches was a mettal one, with a shagreen case, with a ribband to it. The other silver gilt, with a steel seal ingraved.

Q. Should you know the watches again was you to see them?

Wayne. I should. After this, we directly proceeded the nearest way for London, all three over Enfield-chase. We came about two miles and a half, or three miles, and asked a man the nearest way to Edmonton, it was before we came to the chaise we met that man. He told us to go over the chase, and shewed us the way; and said, as it was dark, and such a wet night, we should have difficulty in finding the way, there had been a great deal of rain that day; we was on the chase an hour and a half, having lost our way, it rained very hard all the time. At last we saw a light at a window of a little house, we went to the light; it happened to be at a farmer's house, we hallooed, a man came out; we told him if he would show us the way into the road for Edmonton, we would give him a shilling a piece; he came with us about a hundred yards, we asked if there was ever a publick house near; he said, there was one very nigh; we all went to it, and he along with us; this house was at the side of the chase.

***The Last Part of these Proceedings will be published in a few Days.

THE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 6th, Thursday the 7th, and Friday the 8th of MAY.

In the first Year of His MAJESTY's Reign. Being the Fifth SESSION in the MAYORALTY of The Right Honble Sir Matthew Blakiston , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER V. PART II. for the YEAR 1761.

LONDON:

Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row.

M. DCC. LXI.

[Price FOUR-PENCE.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.

Q. WHAT was the sign?

Wayne. I cannot justly say what sign, we called for the ostler, and put up the three horses, and went into the house, and had a shilling or 18 d. in punch, and some bread and cheese, and a glass of brandy a piece; and the man that shewed us the way from the farmer's house, we gave him six-pence and a pint of beer for his trouble, he staid the time we did.

Q. How long might you all stay?

Wayne. I believe we staid three quarters of an hour; after that, there was a fisher-man there that said, if we would take him behind us, he would shew us the way to Edmonton. At that house the maid scraped Morgan's coat, which was daubed when the chaise pulled him off his horse, and throwed him down in the dirt; it was not dry enough to be brushed. We ordered the horses to the door, it may be about nine o'clock, the fish-man got up on the roan horse behind Dupuy; then we proceeded along Enfield-chase, and went thro' the Chase gate, a woman opened it. The fish-man said to us, this is a friend of mine, give her a few halfpence; then we went into the main road, and going along to Edmonton, we met a lady's coach. Dupuy rode by it, and Morgan and I stopped the coach, and took from the people four purses: Dupuy was about a hundred yards before us, we overtook him and the fish-man in about 300 yards farther, then we joined company again. Dupuy said, how fare you? to us. We said, never better. Then we went on a little farther, and when we got near the fishman's house, he got off from behind Dupuy, and as he was going away, Dupuy called him back, and said, let's shake hands with you pilot before you go; the fish-man turned again, and shook hands with him. Then we came directly the main road to London, and got to the Queen's head in Gray's-inn-lane, about a quarter past 11 o'clock, there I left my horse, the two prisoners staid at the door while I delivered him. After that, I walked on foot to Mr. Bulcock's in Theobald's-row with them; as soon as I came within 20 yards of his house, I took Morgan's horse from him, and rode into the yard on him, and delivered him to the ostler, and Dupuy delivered his horse, which was the roan one. After that, we went to Robinson's bagnio in Prince's-street, Covent-garden, there we had a supper together, and a girl a piece. There Morgan sent out his coat to be scoured by the waiter, and ordered the same waiter to buy him a pair of breeches in the morning. We sat up till about 12 o'clock, then went to bed; the waiter took Dupuy's coat to clean, and there came some powder and shot out of his pocket.

Q. How came Dupuy to pull off his coat?

Wayne. Because we were all very wet.

Q. Who had the two watches?

Wayne. Dupuy had one, and Morgan the other; I had one in my pocket when I first went in, but Dupuy took it, and had it all night, and in the morning he wound it up in the bed, as we had coffee by the bed side. After that, I pawned them both the next day in the evening, one in Bedford-row, near Featherstone-buildings. the other at a pawnbroker's in Holbourn. I pawned them for a guinea and half each.

Q. Did any body go with you?

Wayne. Morgan did, Dupuy was detained at the bagnio for something; he had been at the bagnio the Tuesday before, and he ran up a bill; but he knew of my going to pawn them; we went to get money to release him.

Ralph Dobinson . On the eighth of April last, I and Mr. Aukland were in a post chaise coming over Finchley-common toward London, in the dusk of the evening, about seven or eight o'clock, I sat on the right side the chaise, the windows were up, something jostled against the window. Mr. Aukland called halloo, what is the matter. I saw immediately a man ride by the horses from the right hand side, Mr. Aukland let down his glass, the person went back from the right, and came on the other side (it rained, and was a very wet and dirty night) he rode to the sash with a pistol in his hand. I presented a loaded plunderbuss at him, and bid him keep off; his pistol I saw plain, it was a pretty long one, he did not at all attempt to ride off; I pulled the trigger, the blunderbuss flashed in the pan, but did not go off.

Q. How many men did you see?

Dobinson. I saw but one man; seeing fire, he rather went towards the hind wheel of the chaise, and came up again immediately, and put his pistol in the chaise, and demanded our money and watches. He took from me a silver watch, gilt, with a steel chain and seal, a 36 s. piece, and some silver. He took from Mr. Aukland a shagreen metal watch, and 16 or 17 shillings in silver. The blind on my side was up all the time, I believe it was a small pane of glass in the blind, as many post-chaises have.

Q. Was there any thing over the person's face?

Dobinson. I cannot take upon me to say whether there was or not. I remember he had no boots on, he had a dark coloured horse, and the man was very dirty, as if he had fell down.

Q. to Wayne. Had either of you boots on?

Wayne. Morgan and Dupuy had not, only I myself had; Morgan had then the same cloaths on, as he has on now.

Dobinson After he had taken my money, he put the pistol to my breast, and said, you fired a blunderbuss at me, and I have a good mind to shoot you. I said, I beg your pardon, and desire you would desist. He went off, and I saw no more of him.

Q. Which way did he ride?

Dobinson. He went off towards Barnet, on the farther side the common.

John Ashburnham . (He produces a watch.)

Q. to Prosecutor. Look at this watch.

Prosecutor. This is my property, the watch I was robbed of that night; when I lost it, there was a seal to it, with a coat of arms on it, which is not here now.

Ashburnham. It is in the same condition I received it in.

Mr. Aukland. I was in company with Mr. Dobinson in the post-chaise, on the eighth of April.

Q. Have you heard the account he has given in court.

Aukland. I have.

Q. Did you see any more persons than one at that time?

Aukland. I saw the other two at the other window.

Q. On which side was you?

Aukland. I was on the left-side the chaise, the first I saw was a man looking in at the window, I cried halloo, what do you want? I apprehended he was bidding the boy stop, I saw him pull a pistol out of his right-hand coat pocket. I heard him say to the boy, he would shoot him; the boy stopt, he went round the horses heads, and came to the side I was on.

Q. Did you observe his horse?

Aukland. He was on a dark bay or brown horse, the darkest colour of the three; I saw all three very plain Mr. Dobinson attempted to fire, and it only flashed in the pan; then the man came immediately, and put his pistol past my face to Mr. Dobinson's head, and said, he would shoot him for endeavouring to fire a gun. I endeavoured to keep the pistol from Mr. Dobinson's head, and desired he would take it away. He cried, your watch, your watch; I said, take your pistol away, and you shall have all I have.

Joseph Watson . [Produced a watch in a shagreen case.]

Wayne. I pawned this watch to Mr. Watson.

Q. to Aukland. Look at this watch?

Aukland. This is what I was robbed of that evening, my property.

Q. Was the man's face covered?

Aukland. No, it was not. He came close to me, when he e ndeavoured to come to get to Mr. Dobinson's head. He was very dusty, and looked to me as if he had had a tumble a little before. He had no boots on but a pair of dusty breeches.

Q. Do you know that person?

Aukland. I can't take upon me to say who it was; he was then very dirty, and it rained very hard at the time. The other two persons were both on horseback. One of them had a pistol I am sure.

Q. Did you observe their horses?

Aukland. One of them I took to be a gray. I saw them all three riding at a great rate.

Joseph Tompson . In April last I lived at a bagnio in Prince's-street, Covent garden. I know the two prisoners and evidence very well.

Q. Did you ever see them altogether in company before the 8th of April last?

Tompson. Yes, I saw them all together the Monday before that.

Q. Did they appear to be acquainted with one another?

Tompson. They did. They all supped together that Monday night as companions together, and lay at our house, and went away together in the morning.

William Bulcock . I live in Theobald's-row. On the 8th of April, about three in the afternoon, there came three persons to hire two horses, to go to Blackwall.

Q. Look at the prisoners.

Bulcock. I cannot recollect either of their faces. I never saw them before that time to my knowledge. They hired the horses for seven shillings, and desired them to be got ready by four o'clock. I was not at home when they were delivered.

Q. What coloured horses were they?

Bulcock. One was a brown, and the other a roan. I was in bed when they returned. I remember one of the men said his name was Wayne, and he would see me paid. I said I know your mother very well. When I saw them the second time, I thought I could recollect him.

Q. What is your belief now?

Bulcock. Now I believe him to be one of the three men.

George Litton . I remember three persons coming to hire two horses of my matter, Mr. Bulcock. I cannot recollect but one of them, and that is the evidence.

Q. What time were the horses called for?

Litton. They were called for about 5 o'clock. One was a roan, and the other a brown one.

Q. Who took them away?

Litton. The evidence was one of them. I do not recollect the other.

Q. What reason have you to recollect him better than the other two?

Litton. Because he had been at our house before, to hire a horse?

Q. Do you remember the return of the horses in the evening?

Litton. I do. It was a little before twelve at night. The evidence was one that brought them back. They were in a great hurry to get away, that I did not observe them. I remember it was a very rainy night, and they appeared to me to be very dirty when they came home.

Q. Were they hot?

Litton. No; they were not very hot.

Mary Wright . I keep the Cock and Crown, at Islington. I remember three men coming to my house, on the 8th of April, on horseback.

Q. What time of the day?

M. Wright. It was about 5 or 6 in the afternoon, as near as I can guess.

Q. Do you recollect any of them?

M. Wright. I can't say that I remember any of them?

Q. What coloured horses did they ride?

M. Wright. I did not take particular notice of their horses. They had some brandy and water, biscuits and cheese, and a quartern of brandy.

Q. Did any of them ask you for any thing, can you recollect?

M. Wright. I gave one of them two or three pins. He came out of the other room to me, into the kitchen, for them.

Q. Do you know what use he made of them.

M. Wright. I do not. He went again into the other room with them, to his company, and shut the door to.

Q. How long might they stay at your house?

M. Wright. They might stay at my house about half an hour.

Ann Nash . I keep the crown on Enfield-chase.

Q. Do you remember three men coming to your house, on the 8th of April, on horseback?

A. Nash. I do. They were wet and dirty. It was on a Wednesday night.

Q. What time of the night?

A. Nash. To the best of my knowledge it was between 8 and 9 o'clock. They offered a shilling each man for a man to go with them, to shew them the way to the London road.

Q. What is that man's name?

A. Nash. His name is Thomas Sheffield . He came with them to my house.

Q. How did the men appear?

A. Nash. They appeared very dirty. One of them was a shortish man, in a lightish coloured coat. Whether it was a surtout coat, or not, I cannot say, it was buttoned close about his body.

Q. Look at the evidence Wayne. Do you know him?

A. Nash. If he was there he had then a wig on.

Q. to Wayne. Did you wear your own hair then? [His hair was just long enough to go without a wig.]

Wayne. I then had a wig on.

A. Nash. To the best of my knowledge they were the same three persons, the two prisoners and evidence. I cannot be sure, but I really believe them to be the same.

Q. What liquor had they?

A Nash. They had a glass of brandy each, and a shilling in punch.

Q. How long did they stay;

A. Nash. They staid about three quarters of an hour.

Q. Did any body go with them from your house?

A. Nash. Yes; one William Brice , a fish-man.

Q. Who was your servant at that time?

A. Nash. Dorothy Crowther was.

Dorothy Crowther . I lived at Mrs. Nash's, at the Crown, on Enfield-chace.

Q. Did you on the 8th of April last?

D. Crowther. I did.

Q. Do you remember what happened on that day?

D. Crowther. There came three men together on horseback.

Q. Do you know what colour their horses were?

D. Crowther. I did not take notice of that?

Q. Do you recollect the colour of any of the mens cloaths?

D. Crowther. One of them gave me a coat to clean. It was a blackish colour, or a dark-gray.

Q. Look at the prisoners.

D. Crowther. I remember something of that man's face. (Pointing at Dupuy.)

Q. Was it his coat that you cleaned?

D. Crowther. No, it was not.

Q. Look at the evidence Wayne. Do you know him?

D. Crowther. He had then a wig on if he was one of them.

Q. Do you remember enough of Dupuy's face to be sure he was one of them?

D. Crowther. I do verily believe he was one of them.

Q. How was the dirt upon the coat?

D. Crowther. It seemed to me as if it was dirt got by a fall.

Q. How did you clean it?

D. Crowther. I scrap'd it, and cleaned it as well as I could.

Q. Did any body go with them when they went away?

D. Crowther. One William Brice did. He went behind one of them.

Q. Who was ostler at your house at that time?

D. Crowther. Jos. Freeman was.

Jos. Freeman. I was ostler at the Crown, at Enfield, in April last.

Q. Do you remember any body coming to your house, on the 8th of April, in the evening?

Freeman. I do. I remember the evidence's face, he was one of them; and I remember that person being another of them. (Pointing to Dupuy.) There were three of them.

Q. Look at the other-prisoner Morgan. Do you remember ever seeing him?

Freeman. I do not recollect him.

Q. Were they on foot, or on horseback?

Freeman. They were on horseback. I took their horses in when they dismounted.

Q. What colour were their horses?

Freeman. To the best of my remembrance, one was a bay cropped gelding, the other a gray, the other a dark colour, but I cannot particularly speak to him. They came together, and went away together, and William Brice went with them, in order to put them into the high road.

William Brice . I am a fish-man. I remember I went away with three persons on horseback, from the Crown, at Enfield, on the 8th of April, at night.

Q. Can you recollect either of them?

Brice. I cannot recollect one of them.

Q. Was you drunk or sober?

Brice. I was a little in liquor. I rode behind one of them. His hair was tied with a pig-tail, and he rode a gray or a roan horse.

Q. Did you observe the man's face?

Brice. I do not know that I minded his face.

Q. from a Juryman. Whether you remember your parting with the other two after you mounted behind that man?

Brice. Yes, I do, that was, the other two stopped behind; the gentleman that I rode behind always kept first. We met a coach on Palmer's Green. The other two that were behind rode about 200 yards down Hedge-lane, and came back again: I believe they had made a mistake in the way. I hallooed as loud as I could, when we came up on the top of the lane; then I saw the other two come galloping from where the coach went; and when they came to us, the gentleman that I was behind said, How do you do? They said, Never better.

Q. to Joseph Tompson . Do you remember seeing the two prisoners and evidence on the 8th of April?

Tompson. I saw them on the Thursday morning, the 9th, at our house; they came in on the 8th at night, but I did not let them in, but they lay there that night. I went to dun Dupuy for a reckoning that he had left before. The evidence and he lay together. The evidence told me when I went to them, if I would have patience, he would see me paid before he went away. Dupuy had given me a note of hand for it the day before. Dupuy was then winding up this silver gilt watch. [He takes it in his hand.] This is the same, I took particular notice of it as he turned it over and over. To the best of my remembrance there was a little padlock-key on the watch. The other watch, with a shagreen case, lay on the ground: I took it up. [He looks at the metal watch in a shagreen case.] There may be two things like one another, but I think this is the same watch. Mr. Dupuy bid me go down to Mr. Morgan, and ask him what he would have for dinner. I went to Mr. Morgan, and there I saw it lying on the ground. I took it up, and laid it on his bed; it was just as now, with a black ribbon and key. I remember they had no watches the night before, the 8th.

Q. What time did they go away?

Tompson. The other two went away about four o'clock, Dupuy staid; they promised me, upon their honour, they would come and pay me the money that he owed. I remember Morgan's cloaths hanging to dry by the fire, and he desired me to clean them, but they were not dry enough to brush. His coat seemed all over dusty, as if he had been down in the dirt. I took Dupuy's coat to clean, and I remember there were some shot fell out of the pockets.

Q. Did you observe any gunpowder?

Tompson. No, I did not observe that, but the pockets were black, as if there had been powder in them.

Alexander Watts . I know all the three prisoners very well.

Q. Where do you live?

Watts. I am servant at the bagnio.

Q. Did you see the prisoners and evidence ever all together, and when?

Watts. I saw them all at the bagnio on the Monday night before the 8th of April.

Q. Did they appear to be acquainted with one another?

Watts. They did, they appeared to be acquaintance, and were all in one company.

Q. Do you remember seeing them on the 8th?

Watts. I do, they came altogether in the evening.

Q. What time in the evening?

Watts. As near as I can remember between 12 and one at night. I think the evidence and Morgan came in first, and Dupuy about five minutes after. The evidence had boots on, but the other two had not.

Q. Had the evidence a wig on?

Watts. He had at that time.

Q. How did their cloaths appear?

Watts. Morgan was very dirty; I believe he had on the same coat as now. He desired it to be cleaned. I took it to dry by the fire, but could not get it clean, and was obliged to send it to the scowerer's. His breeches were torn on the left-thigh, and very dirty. I bought him a pair of breeches.

Q. How long did he stay at the bagnio?

Watts. They staid all night.

Q. Did they say where they had been?

Watts. They said they had been at Blackwall; I heard them all three say so: they said they had been on board a ship, drinking of punch; and I think Morgan said, he had had a fall from his horse.

Q. Did you see any watches they had?

Watts. I saw two of them pull out watches, but I had them not in my hand.

Q Which had watches?

Watts. I think the evidence had one, but I am not sure.

Q. to Ashburnham. How came you by this silver-gilt watch?

Ashburnham. The evidence Wayne brought and pledged it with me.

Q. to Watson. How came you by the shagreen watch?

Watson. It was brought by a slender young man~ on the 9th of April.

~ Such was Wayne the evidence.

Q. What name was it pledged in?

Watson. It was left in the name of Wayne.

Q. Had he any body with him, or was he alone?

Watson. He was alone.

Matthew Odell. I know both the prisoners and Wayne. Dupuy's uncle lived just by me, and he often came to see his uncle. I remember he was tried at Kingston assizes.

Court. Confine yourself to the present indictment.

Q. Have you seen them all three together since Kingston assizes?

Odell. I have, but cannot say the time to a week or two: I remember he once told me his two conforts were in Hertford goal.

Q. Did you know who he meant?

Odell. He told me their names, Morgan and Wayne. I said, What the gentlemen that were over with you at Mr. Silvester's, where your uncle lodged? He said, yes.

Q. When was it he told you this?

Odell. This was the Tuesday before he was taken. He was pressed on board a ship the next day, being Wednesday.

Q. How long ago?

Odell. I believe about a month ago.

Robert Dabage . I was my lord-mayor's officer. I went and fetched Dupuy from on board of a ship on the 18th of April.

Mr. Beckworth. I belong to the army, we were told by two gentlemen, that they had been robbed; I think it was between five and six o'clock on the Monday, the 10th of April last. We went as directed after them, and took Morgan and Wayne. We overtook them between Hertford and Ware: they were both committed to Hertford goal.

Morgan's Defence.

I know nothing of what I am charged with.

Dupuy's Defence.

I never robbed Mr. Dobinson; I did go out with them, but I went a head of them a considerable way.

For Dupuy.

William Steward . I am a shipwright in his majesty's yard at Portsmouth, I knew Dupuy ever since he was born.

Q. What is his general character?

Steward. I never heard any misdemeanor of him before this affair happened.

Q. Have you known him lately?

Steward. I have not seen him before last Tuesday these five years.

Q. What was he?

Steward. He was purser of a man of war.

Both guilty Death .

173. 174. (L) Mary Dickson , spinster , was indicted for stealing five pecks of seacoal, value 18 d. and Jane Newil , widow , for receiving the same, well knowing them to have been stolen , the property of Thomas Lord , April 8 .~

John Slack . About the 7th or 8th of last month, I detected Mary Dickson , about seven or eight in the evening, in stealing coals out of a barge, in company with three others.

Q. Who did the barge belong to?

Slack. It belongs to Mr. Thomas Lord , of White-Friars, and coals too; they had all got some coals. When I attacked them, they dropped their coals, and ran away. I took two of them. The prisoner was not taken till the next day. I saw her drop coals out of her apron, as the rest did. There were about five pecks of them in all. When the girl was before a magistrate, she owned she had taken coals at three or four different times, and her mistress, Jane Newil , bought them of her.

Q. Have you any evidence toproduce against Newil, besides the girl's confession?

Slack. No.

Both Acquitted .

175 (L) James Murrill , and Elizabeth his wife , in company with one William Skettle , not taken, were indicted for stealing five remnants of silk, containing four yards, value thirty-six shillings, and 37 silver twist buttons, one guinea, and seven shillings in money numbered , the property of Samuel Smith , April 26 .~

Roger Preston . I am book-keeper to the Norwich coach, which goes out from the Bull-inn in Bishopsgate-street . Last Sunday was se'ennight I was up at supper; when I came down one of my porters told me, he had taken in two parcels, and his son had carried them into the warehouse. I was going to enter them. I looked about for them, and could not find one of them. The boy told me he had laid it down on a bale, and shewed me where. I enquired who had been there; they told me only two sailors, and a woman; that which I missed was directed to Mr. John Smith , of Norwich. At night the two prisoners came back again; I asked them if they had not meddled with a paper parcel when they were there before: they both denied it. I sent for a constable, and had them searched, and found in the woman's pocket two pieces of silk. [Produced in court.] I asked her how she came by it; she said her sister had given it to her on the Thursday night before. I charged the constable with them both; and in going with them to my lord-mayor, the man ran away when they got near the 'Change.

Q. Are they man and wife?

Preston. They said they were married the Saturday before.

Q. Did you find any thing upon the man?

Preston. No, we did not; my lord-mayor committed the woman for farther examination, till we could get the man. On the Tuesday night following the man was going along the street, and one of our ostlers took him, and he was carried before my lord-mayor, and committed. By enquiring about, I found the person that sent the parcel to go to Norwich, his name is Smith.

Samuel Smith . I carried a parcel last Sunday se'ennight, being the 26th of April, to go by the Norwich coach, and delivered it to Jasper Wrangle , the porter to the coach, in the taproom, at the Black Bull, Bishopsgate-street; it contained five remnants of white silk, and three dozen of silver twist buttons, a guinea in gold, and seven shillings in silver; the silk and buttons were mine, and the money belongs to one William Andrews , that gave it me to send down. I heard no more of the parcel 'till Mr. Preston called upon me with these two remnants of silk, here produced, which I knew to be part of the parcel I delivered there: I went before my lord-mayor, the prisoners were both present. The silk was produced there. I made oath they were part of the parcel. The woman at the bar said this silk was given her by a young fellow; the man said nothing about it.

Jasper Wrangle . Mr. Smith delivered a parcel to me in the tap-room on the Sunday evening; I took money for the carriage, which is a usual custom. The prisoners were both in the room at the same time. They had taken places to go down on the outside of the coach. They had four bundles to put into the warehouse. I gave Mr. Smith's parcel to my boy, and desired him to carry them to the warehouse, which he did. About a quarter of an hour after, master came down stairs to book the things: then the warehouse was locked, and the boy had delivered the key to me. When we went in there was the parcel that Mr. Smith brought missing.

Q. How long was your boy absent when you sent him with the parcel to the warehouse?

Wrangle. He came directly to me. Then the two prisoners went out of the yard. They returned, it may be in about an hour and a half. Then we kept them in custody, and got a constable, and were going with them before my lord-mayor, but the man got away.

Q. Did you find any thing on either of the prisoners?

Wrangle. The prisoners were both sitting on a bench by the tap room door; the woman offered to let drop a little parcel; I stepped up to her, and asked her what that was. She said to her husband, My dear, I had like to have lost the parcel that I had in my pocket. I looked, but saw nothing. In searching of her we found the paper, and two pieces of silk in it.

Q. How old is your son?

Wrangle. He is 13 years old. I don't look upon him capable to be examined.

Q. How near to the warehouse was you when you sent your son with the parcel?

Wrangle. It may be 20, or 22 or three yards distance.

Q. Did you sit so as you could see him go to the warehouse-door?

Wrangle. No, because the way is crooked, and it being night too; I saw him go that way with it.

James Murrill 's Defence.

I went to the inn to go down to see my friends, which I have not seen seven years; I paid ten shillings to go to Norwich on the outside of the coach; the coachman asked me whether I would lie there that night; I said I should. I brought four handkerchiefs with me, and went into the tap-room with them, along with William Skettle ; I had a pint of twopenny', and called to the book-keeper to take care of my things. He sent the lad; I went with him to the warehouse; My wife, and the lad, went both into the warehouse with the things. I was at the outside all the time; after that I went to Skettle's lodgings. I was married but the day before (Skettle gave my wife away.) at Bishopsgate church. There was another brother sailor there at the same time. I was much in liquor when I departed from them. Skettle asked his company-keeper for his parcel; she took it out of a drawer; he opened it, and made my wife a present of a bit of stuff to line her hat with, which he took from the parcel. When we came to the inn, they laid hold of us. If we had known it was dishonestly come by, we would not have come with it to the inn. I am but just come home, having been out of the kingdom seven years. It is a very hard thing a young couple should be drawn in so.

Preston. The person he speaks of, is the same person that was with them at the inn.

Elizabeth's Defence.

I am innocent of it; the silk was made a present of to me to make me a hat.

For the Prisoners.

Mary Harrison . I have known the two prisoners about nine weeks. I was in bed with two fatherless children; I saw the silk given to Elizabeth Murrill , to make her a hat, that she might remember the person; and Susan Wright took a ribbon from off her head, and gave it her to put to the hat; it was a red and white ribbon; the silk was taken out of a piece of brown paper.

Q. Where was this?

M. Harrison. It was facing the George-ale-house, Whitechapel.

Q. When was this?

M. Harrison. I believe it was last Sunday night was a week.

Q. What time of the night?

M. Harrison. About ten o'clock.

Q. Could you see this as you lay in bed?

M. Harrison. There was only a bit of wainscot between us.

Q. Who was it that gave it her?

M. Harrison. It was William Skettle .

Q. Could you see through the wainscot?

M. Harrison. I heard their voices, I could not see them.

Q. How do you know it was taken from a parcel?

M. Harrison. Skettle said, Give that parcel in a bit of brown paper to Betsy, and that will make her a hat. Susan Wright keeps company with Skettle.

Q. How long have you lived there?

M. Harrison. I have lived there about two months.

Q. How came you to be so particular as to the day?

M. Harrison. Because they came and had a piece of beef and pudding for dinner; they had a half-crown bowl of punch that night, and one pot of beer.

Mary Landy . I went to a woman's house, named Wright, I asked her how this thing was, and she told me.

Q. Do you know any thing more than what she told you?

M. Landy. No.

Q. Do you know either of the prisoners?

M. Landy. I have known the woman thirteen years.

Q. What is her character?

M. Landy. She always bore a good character, she has worked where I do, and behaved herself very well; and I'll tell you who I work for; I work for Mr. Alavine, and all the gentlemen in the city; I'll call in more to her character, if you'll let me go out for an hour.

Mary Neal. I know the woman at the bar to be a very honest creature.

Q. How long have you known her?

M. Neal. I have known her five years, she is as honest a creature as ever broke the bread of life; I would trust her with untold gold, if I had it to trust her with.

Both Acquitted .

177. (L) Simon Pugh , was indicted for stealing a bay gelding, value eleven pounds , the property of William Robins , July 29 . ++

William Robins . I live in Bristol. On the 30th of July last, the prisoner at the bar came and hired two horses of me, one for himself, and the other for his servant, a lad about 13 years of age, to go to Bath.

Q. What are you?

Robins. I am a blacksmith and ironmonger by trade, and I keep chaises and horses to let out: he hired them from the 30th of July, to the 25th of August He said he was captain of a tender, and bargained for four pounds. He had them to Bath, and left one at the Angel there. It cost me a guinea to redeem him, and the other he rode to London, and sold him for half his value. I have here the receipt for the money I paid for my horse he left at the Angel. Upon hearing he was come from Bath to London. I wrote to an acquaintance here, for him to enquire after Capt. Pugh. I described the horse; in about a week or ten days after he wrote me a letter he had found the gelding, and Pugh was in prison; he did not say for what. I set out for London, and went to justice Fielding, and told him what I came about; the justice said it was of no use to grant me a warrant, for he was in jail for two or three crimes already; that he would be prosecuted, and it would be to no purpose for me to throw away money too.

Q. Have you seen your horse since?

Robins. I have, he is at Kentish-town, there is my brand-mark upon him. I saw him the eighth or ninth of September, he was in the possession of a farmer, but one William Miller told me how he came by the horse. The prisoner sent me a letter from Richmond, dated July 18.

Q. How do you know he sent it?

Robins. I have seen his hand-writing, and am pretty well assured it was his own hand-writing.

Q. Have you seen him write?

Robins. I have; he gave me a note for 4 l. 10 s. 6 d. When he hired the horse I lent him half a guinea out of my own pocket. I never saw him write only that time. The direction was torn off; the contents are, He is very sorry he is so long absent, but the gelding is very well, and he is got almost at the end of his trouble, and it will be in his power to answer all in about a fortnight, and desires to be indulged that time. I went to the prisoner, he was in the Poultry-compter. He desired me not to prosecute him, and he would give me any satisfaction; and told me he had sold my horse to one Davis, an officer. I cannot say whether he told me what he sold him for. Then I went to the Grand Jury here in September sessions, and found the bill. When I came here this time I went to see him in prison; he said he would give me any satisfaction, in case I would not prosecute him.

Acq.

178. (M.) Joshua Holmes , milliner, otherwise haberdasher , was indicted for that he, in the 24th year of the reign of George the second, at the parish of St. George, Hanover-square did marry Susanna Ransom , spinster , and her the said Susanna, have for his wife; and afterwards, on the 12th of August, in the 30th year of the said King George the second , at the parish of St. Paul, Covent garden , did marry, and take to wife, Mary Adams , spinster , the said Susanna his wife being then living, and in full life; against the peace of our said Lord the King, his crown and dignity .

Richard Ravenshaw . I was present when the prisoner at the bar was married to Susanna Ransom , about ten years ago.

Q. Where were they married?

Ravenshaw. At May-fair.

Q. In a chapel, or where?

Ravenshaw. I believe it was in a publick-house, where they used to perform the ceremony.

Q. Were they married according to the ceremony of the church of England?

Ravenshaw. They were, as much as I was, as far as I can recollect. I have been married, and have seen others married, and I look upon it they were married the same.

Q. What became of them afterwards?

Ravenshaw. I believe they did not immediately live together?

Q. Why so?

Ravenshaw. I think she did not consent.

Q. Did they ever live together as man and wife?

Ravenshaw. I am not sensible that they did.

Q. Did you go as his friend or hers?

Ravenshaw. I went as his friend, he desired it.

Q. Who else was there?

Ravenshaw. There was no-body else there but the clergyman.

Q. Was he in a clergyman's habit?

Ravenshaw. I think he was.

Q. Was there a licence?

Ravenshaw. I don't know that there was.

Q. Were the banns published?

Ravenshaw. I fancy not.

Q. Was there a ring used?

Ravenshaw. There certainly was a ring.

Q. Did you see one?

Ravenshaw. I can't positively say there was one; I thought it a marriage as much as I did any I saw; but it is so long ago, I do not remember every particular circumstance. I think he took her to a publick-house, and wanted to lay with her, and she refused it.

Q. How long was that after the marriage?

Ravenshaw. I am not certain how long after; she was young.

Q. How old was she?

Ravenshaw. I believe not at age, I mean 21.

Q. Did she appear to be a girl, or a woman grown?

Ravenshaw. Rather girlish.

Q. Was she ten, or twenty? Or which was she nearest?

Ravenshaw. Nearest twenty I look upon it; she had but a slight acquaintance with him, but it was her opinion that she was married.

Q. What time of the day were they married?

Ravenshaw. It was in the morning.

Q. When did you see her last?

Ravenshaw. I saw her this day.

Mary Cheston . I saw the prisoner married to Mary Adams .

Q. Did you know any other wife he had?

M. Cheston. No, I did not, but I do now, she is here.

Q. When did you see them married?

M. Cheston. It was four years ago the 12th of last August.

Q. Where?

M. Cheston. In Covent-garden church.

Q. By whom?

M. Cheston. By the parson there.

Q. Did they live together as man and wife after that?

M. Cheston. They did immediately.

Q. Where?

M. Cheston. At her own house, in May's-buildings, St. Martin's-lane.

Q. How long did they live together?

M. Cheston. I cannot say how long; it may be between three and four months; then he went away from her.

Cross Examination.

Q. Did you know Mary Adams before she was married?

M. Cheston. I did.

Q. How old was she when she was married?

M. Cheston. Very near twenty-three years old.

Q. Was it by banns or licence?

M. Cheston. By licence.

Q. What was the clergyman's name?

M. Cheston. I don't know his name.

Q. Were they married in the body of the church?

M. Cheston. They were.

Q. What time of the day?

M. Cheston. Betwixt eight and nine in the morning.

Q. Who gave her away?

M. Cheston. My husband did.

Q. Did you hear the marriage-ceremony read over?

M. Cheston. I did.

Q. Did you see the ring put on?

M. Cheston. I did.

Mary Adams . I was married to the prisoner at the bar on the twelfth of August, in the year 1756, at Covent-garden church.

Q. Where did he live then?

M. Adams. He lived then in the house that I lived in.

Q. How long did you live together afterwards?

M. Adams. I cannot exactly tell how long, I believe about two or three months; then I heard of his having another wife, and I would not live with him any longer; I could have no right to him to be sure.

Q. Did you speak to him about his having another wife?

M. Adams. I did.

Q. What did he say?

M. Adams. He denied it.

Q. When did you indict him?

M. Adams. I indicted him four years ago.

Q. Why was he not prosecuted before now?

M. Adams. He never came to me after, till Monday was se'ennight.

Q. Did you search for him?

M. Adams. We did, and advertised him. When he came I sent for a person to secure him. I believe he staid in my shop a quarter of an hour before the constable came.

Cross Examination.

Q. Should you have commenced this prosecution if he had not left you?

M. Adams. I should not have lived with him.

William Swanick . I am clerk of Covent-garden parish. (He produced a book of the registers of weddings.) Here is an entry of the marriage of Joshua Holmes with Mary Adams , on the tenth of August, 1756.

Q. Is it by banns or licence?

Swanick. By licence.

Q. Is it duly sign'd?

Swanick. It is.

Q. Have you the licence here?

Swanick. I have not.

Q. Read the entry.

Swanick reads the entry as follows.

Joshua Holmes , of the parish of Covent-garden, batchelor, and Mary Adams , of the same parish, spinster, married by vertue of a licence from the lord bishop of London, August 10, 1756.

Sign'd, JOSHUA HOLMES , MARY HOLMES .

Q. Was you clerk then?

Swanick. No, I was not.

Prisoner's defence.

By the contrivance of a person in court they got my wife married to a person in Bishopsgate-street; she has lived with a man five or six years belonging to the Oxford Blues, he was transported, she came then upon the town. I am lawfully and virtuously married to her; and after not hearing from her, or seeing her, for seven years, I thought the law would not prevent my marrying another woman. This is Susanna Ransom I mean, that I was married to.

Guilty .

[Branding. See summary.]

[Imprisonment. See summary.]

179. (M) Andrew Orme , was indicted for stealing one silver tankard, value 5 l. the property of Joseph Inman , in the dwelling-house of the said Joseph , April 9 .8

Joseph Inman. I live in the Tower of London, just at the going in at the gates.

Q. What are you?

Inman. I am a victualler .

Q. Is your house in Middlesex?

Inman. It is. I lost a quart silver tankard, it was without a lid; I missed it about three o'clock, on the eleventh of October; my boy, named William Twine , told me first when it was missing.

Q. Did you ever see it again?

Inman. No, never. I suspected the prisoner, he having been in the house at the time. I found him the next morning at his lodging. I said, Andrew, how are you? He staid some time, and could not speak to me. I then said, You know the errand that I am come about; he said no. I said, the tankard that you took by mistake from my house. He said he knew nothing of it. Said I, Will you go into the Tower with me? He said he would; if I wou'd go home, he would come presently (he was just getting up and dressing himself.) I said I would wait. I waited, he went with me to the Tower.

Q. What is he?

Inman. A soldier . There was a serjeant belonging to the same company took him into custody, and he was confined by the captain of the guard's order?

Q. Did he own or deny it?

Inman. He denied having the tankard all the time; on the Sunday night he made his escape, that was on the 12th of October, and was not taken till the 8th of April last; then he was examined before Justice Fielding but would not confess; but when he came to the place where he clerk sits, he said to me, Mr. Inman, I'll pay you so much a week for your tankard; charge what you think proper.

Q. Did he say what he would pay a week?

Inman. He said, four or five shillings a week, till it was out. I said, what business have you to pay any money if you know you had not my tankard; I shall not do any such thing.

Prisoner. He set some of the people to ask me to pay for it; I said, I would pay for it rather that be confined in Newgate, if I knew any thing at all of it.

William Twine . I am 15 years old next August.

Q. Do you know the nature of an oath?

Twine. I do.

Q. What are you to do or say?

Twine. I am to speak the truth, if not, I am to be put into the pillory, and to go to the d - l when I die.

He is sworn.

Q. Where do you live?

Twine. I am servant to Mr. Inman.

Q. Do you know the prisoner at the bar?

Twine. I do, very well, he used my master's house, and was there that day in the afternoon, that the tankard was missing. He came in and called for a tankard of beer, I went down and filled a pewter quart pot, and told him we had never a tankard out of use. He sat down in a wooden two-armed chair by a table, then there were some watermen, and some blacksmiths came in; after that he gave me a sixpence to change, he said, there were some company in the stone-kitchen (a publick house hard by) that were to come to him, he said, he would have a tankard. I went and took a silver tankard from the bar, it had a smooth handle, and never a lid to it, and filled it, and set it on the table by him; he gave me the money, and I went down stairs, and did not stay below a quarter of an hour, only a few minutes, and when I came up again, he was gone. I looked on the table, and did not see the tankard; I asked my mistress if she had taken it, and the maid. and they both said no, we have never seen it since.

Rachiel Spencer. I am servant to Mr. Inman, I saw the prisoner at the bar, at our house that day, and saw the boy (the last witness) set a tankard before him, and saw him drink out of it.

William Murphy . I was the officer that had the prisoner in custody. I heard him say, he did not steal it, but he sold it.

Q. Where was this?

Murphy. This was in my kitchen; I said to him, what did you sell? My arse he said: he said, at Mr. Fielding's, he would give Mr. Inman five shillings a week, if he would make it up with him.

Q. Did he mention the tankard or mug, when he said he would make it up?

Murphy. No, he did not; he was very much in liquor, when I took him on the eighth of April.

Q. Was he drunk or sober, when he offered five shillings a week to make it up?

Murphy. He was very sober.

Prisoner's Defence.

They asked me if I was willing to pay for the tankard, and that Mr. Inman would put up with any thing a week. I said, I would pay any thing if I was guilty; but, as I was not, I would not. They desired me as much as they could, to pay for it, but I would not. They said, if I had pawned or sold it, they would pay the money to get it again, but I said, I know no more of it than the child unborn.

For the prisoner.

William Jones . I have known the prisoner about five years, he worked with me in the branch of making iron-chapes, for silver buckles.

Q. How long did he work with you?

Jones. Three years, but it is two years ago since he worked with me last; I have imployed him occasionally.

Q. What is his character?

Jones. He is a very honest man, he might have had it in his power to have robbed me of hundreds; and after my business fell off, I gave him liberty to make use of all my utensils.

Q. Where do you live?

Jones. I then lived in Foster-lane, but I live now in the Old Bailey. I would employ him now, was he discharged.

Q. What are you?

Jones. I am a working goldsmith.

Simon Cooley , I live upon Clerkenwell-green.

Q. What is your business?

Cooley. I am a silver buckle-maker, I have known the prisoner five years, he has been in my shop many a time.

Q. Did he ever work for you?

Cooley. No, he has had great opportunities to have robbed me within this 12 months, but I never lost any thing by him; he used to come two or three times a week to finish his work. I have had three or four hundred ounces of silver lying about, he has been there when we have been at breakfast or dinner.

Andrew Price . I live in Noble-street.

Q. What are you?

Price. I am a silver-smith, I have known the prisoner six years, I always took him to be a very honest worthy deserving man, he is a soldier.

John Nicholas . I have known him about half a year, he has worked in my shop almost ever since.

Q. What is his general character?

Nicholas. He has the character of a very honest man, I never knew to the contrary. I have trusted him with 20 l. worth of silver in the shop, and nobody in it but me and him. He used to make chapes for silver buckles, and work in the same shop where the silver was prepared.

James Eadey . I am a victualler, he has used my house, and paid me very honestly; I always took him to be a very honest man.

Q. How long have you known him?

Eadey. I have known him this four years.

Acquitted .

180. (M.) Joseph Walley , was indicted for that he, on the king's highway, on David Supino feloniously did make an assault, putting him in corporal fear and danger of his life, and taking from his person one gold watch, value 7 l. one gold watch chain, value 21 s. one gold seal, value 10 s. and ten guineas in gold, the property of the said David, and against his will , December 24 . ++

David Supino . I was going to Stanmore in a post-chaise; a little beyond Hampstead, between Hampstead and Hendon , between the hours of six and eight, on Christmas evening, a person stopped the chaise, it was very dark, and small rain, I cannot tell who that person was, I saw but one man.

Q. Was you alone?

Supino. There was Mr. Jacob Henriques de Souza with me in the same chaise, the man said, gentleman your watches and money; upon which, we gave him our watches, and both gave him some money. I gave him about 15 l. in money, but it is not said so much in the indictment. The person was very civil to us, and said, I wish you a good night, I heard nothing more of him then. After that, Mr. Fielding wrote me a card on the 29th of April, desiring my attendance there as soon as I could after the receipt of it; upon which I went to him, and he told me there was information given him, of a gold watch and chain which had been stolen, and he believed it to be mine, that I had been robbed of. He said, he had not seen it himself, but it was at Mr. Townsend's, a silver-smith in the Borough. I went there, and found the watch to be mine, but no chain; I knew the watch, by the name and number. Mr. Fielding desired to see the watch, it was carried to him.

Q. When did you see the prisoner?

Supino. I never saw the prisoner before I saw him this night. I cannot say who it was robbed me.

Q. Are you a Jew?

Supino. I am.

Jacob Henriques de Souza. I was in the post-chaise along with Mr. David Supino , we were going to Stanmore; a little beyond Hampstead we were attacked by a man on horseback, I do not know who he was, we delivered our watches and money to him.

Q. Have you heard Mr. Supino describe how it was?

Henriques de Souza. I have, it was done in the same manner.

Q. What did you lose?

Henriques de Souza. A metal watch, and about 7 l. in money.

Q. Do you know how many men attacked you?

Henriques de Souza. I believe only one.

Q. Did he make use of any threatnings?

Henriques de Souza. I do not remember he did, he only desired our money and watches, and used us with good manners; it was so dark we could not distinguish his person at all. Justice Fielding sent me a card to appear, but I never saw the prisoner before now.

Q. to Prosecutor. Did not the justice appoint a particular time for you to come when the prisoner would be before him.

Prosecutor. No, he did not appoint any particular time at all.

Henriques de Souza. The first time we went was on a Wednesday; the second time he appointed us to come, was on the Friday. He said, he could not shew us the person, because he was not well.

Prisoner. I was very very ill then.

Henriques de Souza. I saw my watch at Mr. Fielding's, in the hands of one Stockdale a pawnbroker, it was the same that I was robbed of that night.

Ann Limpsey . All I know is, the gentleman ( meaning the prisoner) said to me, he was distressed for money.

Q. How came you acquainted with him?

A. Limpsey. He is a stranger to me, only he lodged in the house that I did; then he desired me to sell a watch for him. [A gold watch produced, she looked at it.] Really I cannot take my oath whether it be or be not the same; by the weight of it, I should think it may be the watch; I sold it to this gentlewoman for nine guineas, ( pointing to Mrs. Townsend.) There was a great deal of it then, there was a gold chain, and some seals to it.

Q. to Prosecutor. Look at that watch, do you know it?

Prosecutor. This is the very watch that I was robbed of that night.

Mrs. Townsend. I live in the Borough of Southwark.

Q. Have you a husband?

Townsend. I have; about the fourth of March, the last witness brought me a watch to sell; I bought it of her for nine guineas.

Q. Do you know that watch again when you see it?

Townsend. I believe that is it that is here produced; the gentleman, the prosecutor, came and owned it.

Q. Do you know the prisoner.

Townsend. I never saw him in my life before now, the woman that brought it said, it was a seafaring gentleman that owned it, and he was distressed for want of money, and I understood her, he was in the King's-bench.

Q. Was there a chain to it when you bought it?

Townsend. There was; that was taken from the watch the day it was bought; we put by that as old gold, it not being good enough to do up again.

Mr. Stockdale. [Produced another watch.] This watch I took in of the prisoner at the bar.

Henriques de Souza. This is my property, the same I lost that night.

Prisoner's Defence.

I was going to my masters, French and Bowman, for them to set me to work. I met in the Haymarket, one Daniel Carr , he said, Joseph, I should take it as a favour, if you will come and drink a pint of beer along with me. We went in at the black-horse in Coventry-street, and had a pint of beer; he said, I am in a little distress, if you will oblige me in disposing of a couple of watches for me. I said, I did not chuse to be concerned with watches, for my character was never stained before; he said, he would give me a crown. I took the watches of him, and told him I would if possible, but I could not dispose of them myself, but would get one to dispose of them for me, which was a woman that lived in the same place where I did the woman that is here. Accordingly, I gave her that watch, not the same day, but three, four, five or six days after. Then he said, he wished I would get a couple of guineas on the other; I said, I do not doubt but I can. Then I went away to the pawnbroker's, and got a couple of guineas upon it. After that, he said to me, have you disposed of the other watch? I said no; I do not know how to go about it. Then I gave it to this woman, and she disposed of it for nine guineas, and gave me the money, and I gave it to Carr. When I was examined before Justice Fielding, I told him the same, to the best of my knowledge; but Carr being apprehensive of my being taken, I imagine he is gone out of the way, and I do not know the place of his residence, so he has left me in the lurch, which is a cruel thing, I will not tell a lie, I have no witnesses.

Guilty Death .

181. (L.) Mary Thompson , was indicted for stealing one feather-bed, value 10 s. the property of George Basset Hutchins , in a certain lodging room, let by contract , &c. April 20.*

George Basset Hutchins. I live in Water-lane, Black-friars . I let the prisoner at the bar a lodging, with only a bed and bedstead, at eight-pence per week.

Q. How long had she lodged with you?

Hutchins. She had lodged in my house going on two years in a back garret. She was over the water at work. I went up and missed the bed, and she had nothing but straw upon the bedstead to lie upon; this was on the 20th of April. My wife went over the water to her, and brought her home. I charged her with taking the bed; she said, if I would let her go, she would make me restitution for it?

Q. Did you ever get it again?

Hutchins. No, I never saw it afterwards.

Q. What did she say was become of it?

Hutchins. She said, she had sold it at different places, by taking out the feathers at different times.

Q. What is the value of it?

Hutchins. I value it at 10 s.

Q. What did she say she had done with the ticken?

Hutchins. She owned she had sold that.

Prisoner's Defence.

I left my door tied with a string, having never a lock to it, the bed was lost in the manner he speaks of; there is Mr. Seymour, one of the jury, knows me, if he will speak for me.

For the prisoner.

Mr. Seymour. She worked for me two or three years ago, she behaved very well then.

Frances Fisher. I have known her upwards of 20 years, she lived with my mother and me above three years, she was very honest, and a very good servant; I never heard of her doing any thing amiss before this, she has never been half a year from my house this 20 years, she nursed me with two children.

Guilty 10 d.

[Transportation. See summary.]

182. (L.) Thomas Andrews , victualler , was indicted for committing the detestable crime of sodomy, on the body of John Finimore , April 19 .*

John Finimore. The prisoner lived at the Fortune of War, a publick-house in Pye-corner. I went to his house on the 17th of April last, about noon. I came out of place that day, and went there, endeavouring to get me a lodging.

Q. Was you acquainted with him before?

Finimore. I had known him before by my living in a family where he has a filter lives. He said, John, my wife is out of town, you shall be welcome to lie with me, I have no where else that you can lie at present. I did not stay then, but went to the lady where I had lived. She said, John, you shall lie here to-night.

Q. Where had you lived last?

Finimore. That was at one Mrs. Unwin's in King's-street, I lived with Mrs. Mead, before I lived with Mrs. Unwin; she lives in Red-lion-court, behind St. Sepulchre's-church. I told my mistress I was come away from my place; she said, she was sorry for it, and would endeavour to get me another if she could. I went back to him that afternoon, and told him I was very much obliged to him for his kind offer, but my mistress had said, I should lie there that night. He said, John, it is very well; then I left him, and lay at Mrs. Mead's. I went the 18th, that was the next day, to the prisoner, and asked him the question again, he answered as before, John, my wife is out of town, you shall be welcome to lie along with me, if you approve of it.

Q. How came you not to continue to lie at Mrs. Mead's.

Finimore. As she did not offer it, I did not.

Q. What time of the day was it, that you went to him; on Saturday the 18th?

Finimore. I cannot justly say the hour; but it was some time in the morning.

Q. Did you accept of the offer?

Finimore. I did, I returned him a great many thanks, and said, I was very much obliged to him.

Q. Did you stay that time till night?

Finimore. No, I did not; I went to my mistress's again. Then I went round amongst my acquaintance, to hear if I could hear of a place.

Q. Did your mistress enquire where you was to lay that night?

Finimore. No, she did not; I came back to Mr. Andrews's in the evening, about eight o'clock, as near as I can guess.

Q. How did you spend your evening?

Finimore. My first cousin went with me, and we had a pot of beer between eight and nine.

Q. What is his name?

Finimore. His name is Jonathan Finimore.

Q. Was the prisoner in your company?

Finimore. He was all the evening.

Q. How long did you continue together?

Finimore. The prisoner and I did till one o'clock, my cousin Jonathan did not stay all that time; he drank part of one pot of beer, and went away.

Q. What time did he go away?

Finimore. He went away, and left us together, between the hours of eight and nine; he did not stay any time.

Q. Were there any more company in the house?

Finimore. There were; but there were nobody in our company.

Q. Were you in a publick drinking room?

Finimore. Yes, we were.

Q. Did you sup together?

Finimore. We did; and about one o'clock the company were gone, he shut up the doors and windows, and he and I went to bed together.

Q. Did his wife come home?

Finimore. No, his wife was still out of town:

Q. Did company stay all the time till he shut up the doors?

Finimore. Yes, there did.

Q. When you went to bed, how was you for liquor.

Finimore. I was a little in liquor, I had been walking about all day, and had been drinking with him all the evening.

Q. Was he in liquor?

Finimore. I cannot say he was drunk?

Q. Was he as much gone as you?

Finimore. No, I cannot say he was.

Q. Was he drunk or sober?

Finimore. He was rather sober than otherwise?

Q. Did any thing happen before you went to bed?

Finimore. No, I went to sleep soon, and about four o'clock, as near I can guess, I awaked with a violent pain and agony, which I was in, and found his y - d in my body.

Q. Are you sure you was sober enough to be positive?

Finimore. I was so far sober as this, that I was able to undress myself, and to see the key was taken out of his room door after he had locked it; this I said before I went to bed.

Q. Did you take any notice to him, why he locked the door?

Finimore. No, I did not; I could undress myself, and get into bed; I had been fatigued to be sure in the day.

Q. Was you drunk or sober, when you awaked about four o'clock in the morning?

Finimore. I was sober; by his getting away from me, I felt something warm, but what it was I cannot say.

Q. Did you say any thing to him when you awaked?

Finimore. I said to him, Mr. Andrews, what are you doing of?

Q. What was his answer?

Finimore. He said, I am doing nothing at all, John; and immediately withdrew, and got farther from me. I got out of bed immediately.

Q. Are you sure he had penetrated into your body?

Finimore. I am sure of that. Then I sat in a chair by the bed-side. He said, John, you had better come into bed again; you can't go any where yet.

Q. Did he continue in bed?

Finimore. He did.

Q. Did you go into bed again?

Finimore. I did; by his persuasion, and being tired by the fatigue of the day.

Q. How long might you sit in the chair?

Finimore. I believe about a quarter of an hour.

Q. Did any thing happen afterwards?

Finimore. I went to sleep; and when I awaked I found him going the same way again.

Q. How long do you think you might lie before you went to sleep?

Finimore. I believe 10 minutes, or thereabouts.

Q. Did he offer any thing to you before you went to sleep?

Finimore. No, he did not.

Q. How long do you think you might be before you awaked the second time?

Finimore. I awaked between six and seven o'clock.

Q. Did he penetrate a second time?

Finimore. No.

Q. What do you mean by saying he went?

Finimore. I found him approaching my body.

Q. What did you do upon this?

Finimore. I got out of bed directly. I dressed myself, and he got up at the same time. He unlocked the door, and I went down stairs with him.

Q. Did you say any thing at all to him about it?

Finimore. No; I said nothing at all to him: then I went to my first cousin, Jonathan Finimore, the same person that had been with me over night, and I told him the same as I have now told in court. He said, John, this is a difficult thing to go through with. It being Sunday I could not do any thing in it that day, but on the Monday morning, I went and told a fellow servant of mine of it.

Q. What is his name?

Finimore. Daniel Goodwin.

Q. Did you tell him the same you have here?

Finimore. I did. We had some other persons in company with us at that time. They persuaded me to get a constable and take him up.

Q. Did you take their advice?

Finimore. I did. The constable going in, Mr. Andrews went up stairs.

Q. How long did he stay up stairs?

Finimore. I can't say how long he staid above, because I did not go in with the constable. When he came down, the constable, and them that were with me, asked him where he had been; he said he had been up to change his cloaths: but he was in the same cloaths he went up in.

Q. Did you tell him what you came about when you first went in?

Finimore. No; we did not till he came down again; then I charged the constable with him. The constable said to him, you are my prisoner. Then the constable said to him. Do not you charge the constable with him? [ By him, he meant me.] Then the prisoner said, I do. Then we went to my lord-mayor's. He was not to be spoke with that day, then we went to two aldermen's houses. They were neither of them at home; so that we could have no hearing that night. He was committed to the Compter, and I was put in to Old Bridewell.

Q. Did you receive any injury from this affair?

Finimore. I have been very bad ever since, from what he did to me that night.

Q. Have you had any surgeon to look at you?

Finimore. I have had two.

Q. In what manner have you been bad?

Finimore. I could hardly walk.

Q. Where did you find yourself hurt?

Finimore. In my fundament.

Q. How? in what manner?

Finimore. I was torn there.

Q. Was you ever before subject to any complaint in those parts?

Finimore. No, never in my life.

Q. Did the surgeon apply any thing to that part?

Finimore. No, nothing at all.

Q. During the time he was apprehended, had you any particular conversation about this matter?

Finimore. There were people with me; the prisoner said, this thing might be made up for a pint of beer. There was the constable with us, and others.

Q. Tell the words he used, and who introduced them?

Finimore. It was as we walked together going along.

Q. Why did he charge the constable with you?

Finimore. He had me apprehended, fearing I should run away from what I had said, because we could not have a hearing that night before the alderman. When we came on Monday, the 20th of April, before Sir Robert Ladbroke, there he was examined. Sir Robert said, Mr. Andrews, do you know this young man? He said, Yes, I know him very well. - What do you know of him? - I have nothing to say against him. He is as honest a lad as any in England.

Q. What did he say for himself?

Finimore. He said he was innocent. That was all he said to the alderman.

Q. Did you tell Sir Robert the case the same as now?

Finimore. I did, every word. Every word that I can think of, as I have now?

Cross examination.

Q. How long might Jonathan Finimore stay, when he drank with you that night?

Finimore. He might stay about 10 minutes, or thereabouts.

Q. Was you and Mr. Andrews in a room by yourselves, that evening?

Finimore. No. It was in the common tap-room. We were not alone.

Q. Is Mr. Andrews a married man?

Finimore. He is.

Q. Has he any children?

Finimore. He has several.

Q. Can you say how many?

Finimore. I cannot. He has two at home that I know.

Counsel. I suppose you drank glass for glass.

Finimore. We had a pint, and drank it; and then another, and so on.

Q. Whereabouts is this bed-chamber?

Finimore. As near as I can guess, I think it is over the tap-room.

Q. How many rooms are there on the same floor?

Finimore. I really cannot say whether three or four.

Q. What family was there in the house that night?

Finimore. He had two men in the house with him.

Q. Do you know William Bear?

Finimore. No. There are two drawers. I do not know their names. I saw his two daughters.

Q. Did you see Richard Tompson, a lodger in the house?

Finimore. There was a lodger in the house.

Q. Who lay in the room next to the room where you lay?

Finimore. I can't say who lay there. There was somebody lay there.

Q. Do you know who lay in the other room?

Finimore. I do not.

Q. Did any body lie in the other two rooms?

Finimore. I can't say that any body did. As for one room, I am certain somebody lay in it; but who I cannot say.

Q. Do you mean that room next to where you lay?

Finimore. Yes; it was joining it.

Q. How do you know somebody lay in that room?

Finimore. I saw somebody in the bed in the morning after I got up, but whether a man or a woman I cannot say.

Q. Did you go through the room?

Finimore. I did not.

Q. How could you see the person then?

Finimore. It is a glass door that looks on to the stair-case.

Q. Do you mean, that you could see through the glass-door when you was in the room that you and Mr. Andrews lay in?

Finimore. No; I do not mean so.

Q. What sort of a partition was it between the two rooms?

Finimore. I can't say what sort it was. I never was up in that room in my life before. I know that side next the street was wainscotted.

Q. I should be glad to know, when you and Mr. Andrews were in bed together, in what position did you lie when asleep?

Finimore. I lay on my side, with my back towards him.

Q. Whether in a publick house it is any unusual thing for the landlord of the house to lock his bed-room door, where are a great many people backwards and forwards?

Finimore. I can't be certain of that.

Q. After you had been used as you say, how came you to go to bed to him a second time, when there were people near that you could call to?

Finimore. My being in a strange house, and he having a sister that lived in the same family where I did, I was very unwilling to make a disturbance in the house.

Q. Did not you fall into a great passion?

Finimore. I said as I have already said, Mr. Andrews what are you doing of? He said, John, nothing at all. I said, it is a thing that I have not been used to.

Q. How came it you did not call out?

Finimore. Because I was not willing to make a disturbance in the house; but as soon as I could get out, I went and told a relation of it.

Q. How came it you did not dress yourself, and go out of the house?

Finimore. The door was locked, and the key taken out, and I did not know where to find it; and all the doors were locked besides. I staid no longer than while he got up.

Q. Would it not be natural for every body used in that manner, to put their cloaths on, and wait till he got up?

Finimore. That is all that I blame myself in, for going to bed again. There I own myself in a fault, and a very great one.

Q. Can you swear any thing came from the prisoner?

Finimore. I do not pretend to swear any thing came from him in my body.

Q. Can you say there did not?

Finimore. I cannot say there did not.

Q. When you went away in the morning, what time was it?

Finimore. It was between six and seven o'clock.

Q. Did you clean and dress yourself at his house?

Finimore. I put on a clean shirt in the morning before I went away. I carried just one shirt with me to put on clean.

Q. Did you carry your dirty shirt away along with you?

Finimore. I left it there in the bar-room. This was on the Sunday morning, when I got up, between six and seven o'clock.

Q. Who was by when you put your shirt on?

Finimore. No body.

Q. Did you observe any thing upon it?

Finimore. I did not.

Q. Where is that shirt now?

Finimore. I asked for it, they said, it was not to be found. They did not know where their father had put it.

Q. When did you ask for it?

Finimore. I went and asked for it on the Tuesday, after we came from Guildhall.

Q. Had you any thing to eat or drink in the morning?

Finimore. I had a glass of gin and a crust of bread.

Q. Did not Mr. Andrews drink with you?

Finimore. No, he did not.

Q. Did not you drink to him?

Finimore. No, I did not.

Q. Did not you borrow a cane of him?

Finimore. I did; and left another in the room of it.

Q. Did not you shake hands with him before you went out of the house?

Finimore. I did; and he said, John, will you come back to dinner? I said, Mr Andrews, if I can come back, I will. He said, I have a nice pig, and a piece of beef, and some greens, to dinner; and that I have not got often.

Q. Did you acknowledge your thankfulness for his kindness and civility?

Finimore. I did, for lying there in his house, and for what I had had.

Q. Where did you go to drink together?

Finimore. We went to the Dolphin in Honey-lane market, after we had been to see for the alderman, and could have no hearing that night, and had a tankard or two of beer.

Q. Who was present?

Finimore. One Mr. Richardson, a taylor, Mr. Bateman Griffiths, a carpenter, and Mr. Leage, the constable.

Q. Any body else?

Finimore. Nobody else.

Q. Did not you there agree to make it up?

Finimore. I said I had not money to go through the law, as I had heard it would be an expensive thing, I being just come out of place; so I would make it up, on condition he would give me a note of hand under his hand, not to trouble me, for I never was before a judge or an alderman in my life before.

Q. How came you to make this offer?

Finimore. I was afraid I should lie out of place a great while upon it.

Q. Did this come of yourself, without any proposal?

Finimore. We proposed both alike.

Q. Who proposed first?

Finimore. I cannot say who did.

Counsel. Preferring a bill of indictment, and coming here, would not come to 10 s.

Finimore. That I did not know.

Q. If you had declared nothing but the truth, how could you be afraid of his troubling of you?

Finimore. I have declared nothing but the truth; I was afraid of being hurt for making of it up.

Q. Whether some person that was by did not dissucde you not to make it up, and say you had lost a great deal of time, and you should have satisfaction for it.

Finimore. The prisoner had wrote with his own hand, it is here in court; as near as I can speak the words, they were these. The 20th of April, John Finimore, and Thomas Andrews, have agreed that all is made up. Then he desired of me to write the same, which I could not write. The person that sat by said, John, what are you going to do? Do you know what you are going about? If you offer to have any thing to do with it, I'll cut your hands off.

Q. What man was that?

Finimore. That was Bateman Griffiths.

Q. Did any body persuade you to demand any satisfaction for your lost time?

Finimore. I believe somebody said you shall not make it up, he ought to pay smart-money.

Q. What answer did the prisoner make to this?

Finimore. He said he would not be imposed upon, and he would spend a hundred pounds to right himself. This was after smart-money was mentioned.

Q. Were there mutual charges?

Finimore. I charged him; then the constable said to him. Don't you charge me with him, Sir. Yes, said Andrews, I do. Then said the constable, You are my prisoner.

Q. Was the complaint for the actual fact, or an assault with intent to commit it?

Finimore. I declared the same before Sir Robert Ladbroke, as I have now.

Q. How long did you remain in Bridewell?

Finimore. I believe I was carried there between five and six in the evening, before I came to the Sitting-alderman; then he was committed, and I was discharged.

Jonathan Finimore. I am a relation to the prosecutor.

Q. Do you know Andrews the prisoner?

J. Finimore. I do. I have known him some years. On the 18th of April, about nine, I was at Mrs. Mead's, in Red-lion court, and I found my kinsman was there. He was to he at Mr. Andrews's house. We went there together to drink a pint of beer, which he said he had left upon the table. After we had drank that we had another. I went away, and left Mr. Andrews and he drinking together.

Q. How long did you stay in the house?

J. Finimore. I did not stay in the house above a quarter of an hour.

Q. How were they for liquor?

J. Finimore. They were both sober at that time, as far as I could be a judge; I desired my kinsman to come to our house the next day, to go of a message for me. He came about 10 minutes before seven in the morning.

Q. Where do you live?

J. Finimore. In Leather-lane, at the George; this was the 19th of April: the first of my seeing of him was in the tap-room.

Q. Who keeps the house?

J. Finimore. One Smith keeps it. I am coachman to Mr. Baldery, and our horses stand there. I was writing a letter for him to carry to Clapham. I asked him how he did; he said very ill. I asked him what the reason was, and said I left him very well last night. He said, after I went away, Mr. Andrews kept him up 'till about one o'clock, and that he had asked Mr. Andrews once or twice to let him go to bed; Mr. Andrews said he might as well stay till he went to bed; and when they had been in bed some time, Mr. Andrews awaked him, and he was in very great pain. I asked what Mr. Andrews was going to do to him. He said he was ashamed to tell me. I said, Why are you ashamed? speak freely. Then he said Mr. Andrews wanted, as he imagined, to bugger him. I said, in what manner did he behave? did he bugger you? Yes, said he, he was in my body. Said I, Are you sure of that? He said, yes, he was quite sure of it. I said this is a very nice point, as it touches a man's life, you must be very particular in it. Yes, he said, he was quite sure. I said, Are you capable of going to Clapham to-day? He had said he was in great pain, that he could hardly sit. I said, What do you impute it to? He said, to what Mr. Andrews did to him. He said, the linnen that he had put on that morning, was much stained with a running matter.

Q Did you see his linnen?

J. Finimore. I did, but not at that time; I saw it the day after, when he came from Clapham.

Q. Did he appear at that time to be in pain?

J. Finimore. He appeared to be in very great pain, he could not sit well upon his seat, and flinched several times; and said he was never used so in his life, and was surprized Mr. Andrews being a married man, should offer to attempt such a thing.

Q. Did he complain in what part his pain was?

J. Finimore. He complained it was in his fundament, and seemed extreamly uneasy: he was well the night before at Mrs. Mead's, and at Mr. Andrews's tap-room.

Q. Did you ever hear him make any complaint of any illness in those parts before?

J. Finimore. No, never in my life.

*** The Last Part of these Proceedings will be published in a few Days.

THE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 6th, Thursday the 7th, and Friday the 8th of MAY.

In the first Year of His MAJESTY's Reign. Being the Fifth SESSION in the MAYORALTY of The Right Honble Sir Matthew Blakiston, Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER V. PART III. for the YEAR 1761.

LONDON:

Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row.

M. DCC. LXI.

[Price FOUR-PENCE. ]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.

Q. WHAT time did he return from Clapham?

J. Finimore. He returned the next morning by nine o'clock, and came and delivered me a letter in answer to mine that I had sent.

Q. Did he go on foot, or on horseback?

J. Finimore. He went on foot; he lay at Clapham that night, as he told me. I asked him then how he was; he said he was extreamly bad, and he looked very faint, and appeared very much out of order; he said he was so faint, he could hardly-stand.

Q. How old is he?

J. Finimore. I suppose he is 29 years of age, but he is small in stature. I asked him if he found himself still bad in the part he mentioned. He said, yes. I said come to me at two o'clock this day, then I shall be at home, and shall ask you some questions more particular, and will find some way or other to take Mr. Andrews into custody.

Q. What day was it that you saw his shirt?

J. Finimore. That was on the 21st; there were marks upon it, and a sort of a putrified matter.

Q. On which part was the shirt marked?

J. Finimore. On the fore-part, because he had clapped that under him for casement. He went away, and never returned to me that day; but, as I found afterwards, went and told it to his fellow-servants at Mrs. Mead's. I never saw him 'till about nine in the evening, after they had taken Mr. Andrews up; and he was committed to the Poultry-Compter, and my kinsman was in Bridewell. Then his fellow-servants came to me, and desired I would go to him, and told me what had happened.

Q. Have you heard Mr. Andrews say any thing about it at any time?

J. Finimore. When he came before Sir Robert Ladbroke, he said he knew nothing of it, he was wrongfully accused; but, upon the evidence against him, Sir Robert sent him to the Poultry-compter.

Q. Was you with them at the Dolphin?

J. Finimore. No, I was not.

Cross Examination.

Q. Was it supposed to be any venereal disorder by the stains upon your kinsman's linnen?

J. Finimore. I am not a judge, here is a surgeon here.

Nathaniel Goodwin. I know John Finimore, I was a fellow-servant with him almost three years, at Mrs. Mead's in Red-lion-court; I remember on the 20th of April I went in at the White-hart in Giltspur-street; there was Mr. Richardson, who told me something of the story; then John Finimore came in, and sat as it was on half of his body. I said John, your countenance seems to be changed, what is the matter with you? He said, Coachman, I am very bad, I can neither walk nor sit; and as for eating, I can eat nothing; and what I drink, I bring up again. I said this is a thing of great consequence, tell the truth. He said, I will as well as I can. He said he had been about to look for a place, and was drowsy and sleepy, and Mr. Andrews kept him up 'till between 12 and one, and he wanted to go to bed; but Mr. Andrews desired him to stay till he went; and when he was in bed he was very heavy, and dropped into a dead sleep; and about four o'clock he awaked with a great surprize, and found Andrews in his body. I said, John, are you sure of that? He said it was so indeed, and complained he was very full of pain, and could neither sit nor walk. He always had a fresh countenance before, but his countenance was quite changed: he pulled his shirt out, and shewed it me, and the bottom of it seemed to be quite corrupted.

Henry Jones. I am at St. Thomas's-hospital for experience.

Q. How long have you been there?

Jones. I have been there about four months.

Q. How long have you been a surgeon?

Jones. I have been six years before I came there.

Q. Do you know John Finimore?

Jones. I do, he came to me.

Q. When?

Jones. The last time was on Wednesday; the first time was, I believe, last Monday. He said he was very ill, and desired me to examine him; he told me the case, and said he was in a great deal of pain.

Q. How did the part appear?

Jones. It appeared to me to be lacerated; there was an appearance as if there had been violence offered.

Q. Could you form any conjecture what kind of violence?

Jones. It appeared to me to be something of that kind; but whether it was or not, I cannot say; the injury is considerable.

Q. Where is the laceration?

Jones. The edge of the rectum was lacerated just at the edge of the anus, and that part bled.

Q. Could not the parts be lacerated in that manner by a hard stool?

Jones. No, they could not.

Cross Examination.

Q. Do you think there must have been great violence used to make that laceration?

Jones. I do.

Q. Do you think that must have been with great pain?

Jones. I do think it must.

Q. With pain enough to awake a person out of his sleep?

Jones. Yes.

Q. Do you not think he must awake before the laceration could be made?

Jones. That I cannot answer to, how fast a man may be asleep, the person can account best for that himself.

Q. Did you see his linnen?

Jones. No, I never did.

Q. Was there any venereal complaint?

Joner. No, there was not.

Q. to prosecutor. Have you got your linnen here?

Prosecutor. I have here the shirt I put on the next morning in the prisoner's bar-room. [Producing a shirt.] This is it, it is as I pulled it off.

Q. How long did you wear it?

Prosecutor. I wore it 'till the Tuesday morning; then I put a clean one on, after I came from Bridewell. [The Jury inspect it; it appears at the bottom of the fore-part of a reddish colour; the stains all in creases.]

Benedictor Goodwin. I have washed John Finimore's linnen this half year, from the 1st of December.

Q. Was any thing the matter with his linnen from the 1st of December, 'till the 18th of April.

B. Goodwin. No, nothing at all; no stain of blood, of one sort or another.

Q. When was the last you washed for him before this affair?

B. Goodwin. I washed for him the week before it happened; he used to bring them sometimes once a fortnight, sometimes three weeks.

Prisoner's Defence.

I know no more of it than the child unborn. When we came before Sir Robert Ladbroke, said Sir Robert, When you was used in this terrible manner, did you say any thing to him about it? He said, I cannot say I did; I owned to every thing that was right. In the first place I told him, he came to me on the Friday, crying like a child whipped with a rod; he said his mistress had turned him away, and he had been there but 13 days: he wanted a lodging; I told him I had never a bed empty; but as I know you (my wife happens to be in the country) you shall have half my bed and welcome. Then he came again, and told me his lady had asked him to lie there, as he was out of place. I said, very well John. On Saturday he came again, and asked me again, saying, his mistress had not asked him a second time, and he did not chuse to ask her. Accordingly, he went out again, and about eight he came in again with his cousin Finimore: they came to the bar, and had two pints of beer; I was backwards and forwards drawing beer, and making punch. Then his cousin went away, and he never asked me to go to bed at all. It happened to be one o'clock when we went to bed. As for the key being taken out of the door, I never took it out since I have been in the house: I double locked it, and went to bed, and never awaked till St. Sepulchre's clock struck six, and waked me. He never was out of bed, I will take my oath. Then I joggled him with my elbow, and said, John, John, it is past six o'clock. Is it? said he. Said I, you are to go to Clapham, will you breakfast? He said, no, I have promised my cousin Finimore to breakfast with him. He must be very bad indeed, if he could not walk there. He told me himself, he got drunk there, and could not come home. He shifted himself in the bar-room. I said, will you have any thing before you go? He said, I will be very glad for a glass of your best gin; I drank to him, and gave him a full glass, and a bit of bread. Said I, do you think of coming back to dinner? He said, I have some thoughts I shall go to see your sister; I positively will come home to dinner. We shook hands, and I wished him a good walk: he thanked me, and I never set eyes on him 'till about four o'clock on the Monday; then he brought Mr. Leage to apprehend me. My daughter told me some people wanted me in the back-parlour. Said I, Who are they? She said, John is one. There was my neighbour Leage, and two more that I did not know: they charged me with this thing. I never was more surprized in all my life? Said I, I am ashamed to hear you. Then, said I, I will charge him. If I had been afraid of it, why should I charge him, that he should not run away? If I had been guilty of that thing, I would have let him run away and welcome. It is as true as God made the world, I know no more of it than the child unborn; I will plead innocent of it to the hour of my death; it is all nothing but false-swearing, as sure as I am here. When we came to the public house, the constable said, Let us go in, and have a pot of beer, don't let us go wrangling and jangling. There were five of us, we had some beer: the constable said, You had better have general releases drawn between you. Said John, If you Mr. Andrews will be kind enough to give me a receipt from under your hand, that you will not hurt me, I will make it up. I said, What is there to make up? He said, I don't see any great matter: nor I neither, I am sure. Then I said, if you serve me so, I will have a warrant for you. Then, said he, write a paper for the present. Said I, I don't want to hurt you, I have done no ill to you, and will not be imposed upon. They called for a bit of paper, and desired me to write; I had no spectacles about me, so I wrote only, John Finimore and Thomas Andrews have agreed all is made up. One of the other persons snatched it away, and said to him, I will cut your hands off, you shall sign nothing, we will have some smart-money. Said I, before I will agree to that, I will spend a hundred pounds. What have I done? I will not agree to any thing of that kind; I know no more of it, than the child that is unborn.

Q. to prosecutor. You seem to speak doubtful as to emition; but you closed your evidence with saying, he penetrated your body, can you, or can you not say as to that of emition?

Prosecutor. I will not take a false oath for the world, I cannot say there was, I felt something warm.

Q. What do you mean by that, do you mean something liquidly warm?

Prosecutor. Yes, I do; I felt something wet, I am perfectly sure of that, just as he withdrew from me.

For the Prisoner.

William Pierce. I am drawer to Mr. Andrews, I remember the prosecutor coming to our house on the 18th of April, and also his laying there at night.

Q. What time did he go to bed?

Pierce. I believe between twelve and one.

Q. How many rooms are there on a floor?

Pierce. Three, Mr. Andrews and the prosecutor lay in one, and I lay in the next joining to it. The partition is a sort of wainscot, but it is very thin. I went up stairs with them, and I wish'd them a good night.

Q. What time did you get up in the morning?

Peirce. I got up between five and six in the morning, very near six.

Q. Did you hear any disturbance in the night?

Peirce. I heard nothing at all in the night.

Q. Who was up first, your master or you?

Peirce. I was up after my master. When I came down Finimore was just gone out, I saw him go by my room-door, it is a sash-door, Mr. Andrews knocked against it for me to get up.

Q. Have you ever laid with Mr. Andrews?

Peirce. I have, in his house, some time ago.

Q. How many times?

Peirce. Once.

Q. How did he behave?

Peirce. The same as other people, he lay on one side the bed, and I on the other; there was a considerable ridge between us; he never offered any such thing to me. I do not live with him, but when I am out of place, then I go there; I have been there twice, about a fortnight the first time, and now about a month.

Q. How long have you known him?

Peirce. I have known about a year and a half.

Q. How came you to lie with him that time?

Peirce. I was to go on the other side of the water, to the Old Barge-house, and it rained very hard, and I could not go, they had no other beds in the house, so Mrs. Andrews lay with her daughter, and I lay in her bed along with him.

Q. How long is that ago?

Peirce. About five months ago.

Q. Has he any children?

Peirce. He has four; I think I have heard the neighbours say he has had twelve. Here is the shirt that John Finimore pulled off that morning, ( producing it) I had it of Miss Andrews.

Samuel Johnson. I am a waiter at Mr. Andrews's while I am out of place, I never was there before, I have been there five weeks.

Q. Did you ever lie with him?

Johnson. Yes once, and never but once, and that was but for four hours; I found no misbehaviour by him in any shape at all.

Q. Where was Mrs. Andrews then?

Johnson. She was at Pancras a nursing her daughter.

Q. How came you to lie with him that time?

Johnson. I lay in the garret at other times, and I lay with him that he might call me up at five, to help open the house. I went to bed at one, and got up at five.

Sarah Andrews. I am daughter to the prisoner, I saw John Finimore at our house on the 18th of April, he was drinking with my father; and on the 19th I came down just after he went out, he left this shirt, here produced, which he had pulled off, in the bar, on the Sunday morning; he asked for the shirt when he came for his cloaths, I think on the Wednesday; it is in the same condition now as it was then. ( The Jury inspect it, there were no stains upon it.)

Prosecutor. This is my shirt, which I pulled off at Mr. Andrews's house.

Q. to Sarah Andrews. How long has your father been married?

S. Andrews. He has been married twenty-five or twenty-six years, for what I know.

Q. How many children has your mother had?

S. Andrews. She has been twelve times with child, there are four now living.

Q. When the prisoner came for his shirt, how came it not to be delivered to him?

S. Andrews. I was desired by my father not to deliver it to him, this was after my father was accused. I suppose he was advised not to deliver it.

James Leage. I am the constable, I went with the prosecutor, Mr. Andrews, and others, to a publick-house, in Honey-lane market; there they were as great as two whores, and wanted to make it up, they seemed to be very friendly; yes, they seemed as great as two whores?

Q. Have you been drinking this morning?

Leage. They both drank together.

Q. Have you been drinking?

Leage. They were together friendly, but I thought I could not be safe without carrying them before a magistrate.

Q. I ask you the question, have you been drinking?

Leage. No, not yet.

Q. Do you remember any talk about smart-money?

Leage. No, I do not; they were talking one was not to twit the other in the teeth with it, and the other was not to tell the other of it; they were both angry with me because I would not let them go home.

Q. to Prosecutor. How came it you was so long before you applied to a surgeon?

Prosecutor. We were before Sir Robert Ladbroke on the Tuesday; we went to Mr. Blagden, a surgeon on Snow-hill, he was not at home; we went again the next morning, and I shewed myself to him. He said, Young man, there is a sort of a pile, or some such thing.

Q. How came you to go to Mr. Jones?

Prosecutor. I went there as Mr. Blagden did not give me any encouragement, to tell me what it was; I thought proper to go to some other person, so I was recommended to Mr. Jones.

The Court thought proper to send for Mr. Blagden.

He is sworn.

Q. to Mr. Blagden. Was the prosecutor under your inspection?

Blagden. He came to me with some other person, and said he had received an injury from somebody; and desired I would look at him.

Q. When was this?

Blagden. It may be about a week or ten days ago, really I cannot recollect it, it may be longer, I took no manner of notice of it.

Q. Did he complain of what kind of injury?

Blagden. He told me he lay with somebody that had entered his body, and had hurt him. I inspected him, and told him I could see no injury; there was a little excavation of the flesh, what I apprehended to be the effect of a pile, on the left-side of the fundament.

Q. Was there a laceration?

Blagden. No, there was not.

Q. Can you say there was none?

Blagden. I can.

Q. Did you see him afterwards?

Blagden. No. I gave him the same account as I have now told here.

Q. to Jones. Now, in the hearing of Mr. Blagden, describe what you observed.

Jones. I opened the anus, the part was lacerated, there was blood, and also there was blood by the friction.

Q. Were there any signs of his having the piles?

Jones. There were; that was on the right-side, the excavation was on the left.

Blagden. If the court will please to let us take the prosecutor out and examine him, I can convince the young gentleman there was no laceration.

Prosecutor. I am willing to be inspected.

They retire into a private room, and in about 12 minutes return into court.

Q. to Blagden. Have you had an inspection?

Blagden. We have. I see no marks of laceration; there has been an excavation, which is different from a laceration. I am still of the same opinion as before. The excavation on the buttock arises oftentimes by walking in warm weather, by one buttock rubbing against the other. When any thing is introduced into the body, the part that is mostly injured is the sphincter muscle, because it prevents the excrement in coming away.

Q. to Jones. What do you think now?

Jones. There has been an excavation.

Q. Was not you mistaken?

Jones. There was some blood appeared.

Q. Are you now as confident there was a laceration?

Jones. The man is surprizingly mended since I examined him; to the best of my knowledge there was a laceration.

Q. to Blagden. If the body had been entered by a man, must you have perceived it when you examined him on the Wednesday?

Blagden. No, I cannot say positively I could, because it may be observed there will be excrement come away from the gut, almost as big as my arm, very large and hard, and the party receive no injury; as may sometimes be seen by countrymen.

Guilty Death .

183. (M.) Antonio de Silva, otherwise John Sequentor , was indicted for that he, on Bartholomew Malahan , feloniously, wilfully, and of malice aforethought, did make an assault with a certain clasp knife, value 2 d. which he had and held in his right-hand, on the breast of the said Bartholomew did strike, giving to him one mortal wound, the breadth of one inch, and depth of one inch, with which he did languish from the 28th of March , to the 13th of April, and then died. That the said Silva, the said Bartholomew, in manner and form, did kill and murder. He stood charged likewise on the coroner's inquest for the said murder. *

The prisoner being a foreigner, at his request, was tried by a jury of half foreigners, and at his request, the witnesses were examined apart.

John Ricks. I know Antonio de Silva, and also Bartholomew Malahan.

Q. When did Malahan die?

Ricks. He died on the 13th of April.

Q. Give an account of what you know of the matter?

Ricks. About 11 at night, on the 28th of March, I was coming along Little-tower-hill, towards Iron-gate , I had Malahan and Elizabeth Woodward along with me, they and I were talking together; the prisoner came by with another Portuguese sailor, and a jew girl along with him.

Q. Which way did they come?

Ricks. They came from towards Iron-gate, the two girls stood and talked together, the jew girl struck Elizabeth Woodward.

Q. Did she hit her hard?

Ricks. No, it was a slight blow on her arm; Woodward asked her what that was for, then Antonio de Silva stripped his things off directly, and gave them to the other Portuguese sailor.

Q. Had any thing been said to the prisoner?

Ricks. Not a word had past between them, that is, between the men: then he struck the deceased, and hit me too.

Q. What did he strike you both with?

Ricks. With his fist.

Q. Did he not give a reason why?

Ricks. He did not say he had any reason for it.

Q. What did he say to you?

Ricks. He swore at us.

Q. At this time, had either of you said any thing to him?

Ricks. No, we had not.

Q. Had either of you struck him?

Ricks. No, we told him we did not want to quarrel with him.

Q. Was he drunk or sober?

Ricks. I cannot tell whether he was sober or not.

Q. How many blows did he strike you?

Ricks. He struck me but one blow.

Q. How often did he strike Malahan?

Ricks. He struck him twice.

Q. Whereabouts did he strike him?

Ricks. I cannot tell that. Then the prisoner went and slipped down the hill, and drew his knife directly, as soon as he had struck us both.

Q. Slipped down what hill do you mean?

Ricks. He ran down towards Tower-ditch, and when he was got to the rails, he drew his knife.

Q. What were you doing in the time?

Ricks. We followed him directly, the deceased went first, and I afterwards. I saw the knife in the prisoner's right-hand, when he was got down the hill.

Q. What sort of knife was it?

Ricks. It was a good large knife, the blade was broad.

Q. At the time you saw the knife, how near was you to the prisoner?

Ricks. I was close to him.

Q. Did any blows pass between the prisoner and the deceased at the rails?

Ricks. There was a blow or two past, for Bartholomew knocked him down before he stabbed him?

Q. Who struck the first blow after Malahan got to him?

Ricks. They both struck together, and the prisoner fell down.

Q. How many blows past before they fell down?

Ricks. There were not above a blow or two before he fell; but the knife was out before any blow was struck.

Q. Did you strike any blow after you was down the hill?

Ricks. No, I did not. After Antonio got up again, he stabbed the deceased directly.

Q. How was it done?

Ricks. He went to give him a blow backhanded (holding the handle in his hand, and the blade directed backwards) and the knife went into his breast. He immediately called out, Lord have mercy on me, I am stabbed. I saw the knife in the prisoner's hand at the time.

Q. What part of his breast did the knife go in?

Ricks. It went in at the middle of his breast.

Q. Did the deceased fall?

Ricks. No, the prisoner immediately ran away without his cloaths, and the deceased went immediately home, and I went home along with him, to his lodgings in St. Catharine's.

Q. Who else was at the fighting?

Ricks. Elizabeth Ward was there, and the jew girl.

Q. Where was the other Portuguese?

Ricks. He was standing upon the hill, he never offered to come down, on meddle with us.

Q. Did you know the two men before?

Ricks. I never saw them before to my knowledge.

Q. Are you sure the prisoner is the same man?

Ricks. I am very sure of that, I know him very well, we carried up the two Portuguese together to the deceased, when they were both in irons, and asked the deceased, which of them it was that stabbed him; he pitched upon the prisoner at the bar?

Q. Was it a light or dark night?

Ricks. It was lightish, so that I might see any thing. I saw the knife in the prisoner's hand very plain. As soon as the deceased got into the house he fell down, and said, if he had had five yards farther to have gone, he could not have got home.

Q. How did he appear?

Ricks. He was all over bloody. This is the shirt he had on. (Producing a shirt very bloody.]

Q. Did you see the wound afterwards?

Ricks. I did.

Q. In what form was it?

Ricks. It was in the middle of his breast crossway?

Q. How long was the wound?

Ricks. It was pretty near an inch long.

Q. When was the prisoner taken?

Ricks. He was taken the next day about 12 o'clock on board a ship, but I was not on board, I was on the shore?

Q. How long was it, after he was taken, that you carried him to the deceased?

Ricks. We carried him to the deceased in about a quarter of an hour; and the other Portuguese that held his cloaths.

Q. Was the prisoner searched?

Ricks. He was. He had no knife about him.

Q. Was the deceased sensible when they were both produced before him?

Ricks. Yes, he was; and so he was almost to the last minute.

Q. What questions was asked the deceased at that time?

Ricks. They asked him if he knew which of them it was that stabbed him. He pointed to the prisoner, and said, that was the man that stabbed him.

Q. Did he call him by his name?

Ricks. No; he did not know his name.

Q. How near did the Portuguese stand to one another at the time?

Ricks. They stood close to one another.

Q. Did the deceased touch the prisoner?

Ricks. No.

Q. What answer did the prisoner make?

Ricks. He did not say any thing. He stood very unconcerned about the matter.

Q. How long did the deceased live after the wound given?

Ricks. He lived 16 days to an hour; and then he died of the wound. The prisoner had a laced hat on, and he left it behind him on the hill, and I carried it to him, and he owned it, and said that is my hat. He had pulled it off, and given it to the other Portuguese to hold with his cloaths.

Q. Had the other Portuguese a laced hat on?

Ricks. He had not.

Q. How came the hat to be left behind?

Ricks. I went and took it out of the other man's hand, when the prisoner was run away, and said, I would keep that to find the man again; to find him out.

Q. Did the other man run away?

Ricks. He never ran the time we were there.

Q. When was the hat produced again to the prisoner?

Ricks. He was shewed it the next day: the day he was taken.

Q. Did you see the deceased after this?

Ricks. I saw him every day. Sometimes two or three times a day, till he died. I lived in the same house. Malahan said he should not live, from the time he was stabbed, because from that time he was short breathed.

Q. What was the reason Antonio had for running down the hill?

Ricks. I think it was on purpose to draw his knife. He had it not drawn when upon the hill.

Cross Examination.

Q. Did you belong to a press-gang?

Ricks. I did.

Q. Was you sober at that time?

Ricks. I was.

Q. Had you not been drinking?

Ricks. I had been drinking but very little, not above a pint of beer that evening.

Q. Had not the other Portuguese a laced hat on?

Ricks. No, he had a little round hat on.

Q. What did you and Malahan run down the hill after the prisoner for?

Ricks. To strike him again, as he had struck us.

Q. Had either of you sticks?

Ricks. No, we had not.

Q. Are you sure the prisoner had not received a blow from either of you before?

Ricks. No, he had not, till the first blow was given us, before he ran away.

Q. Did you strike him?

Ricks. No, I did not strike him at all.

Q. How near was you to Malahan when he came first up to the prisoner?

Ricks. I was within four yards of Malahan.

Q. Did you see the knife in the prisoner's hand before Malahan knock'd him down?

Ricks. I did.

Q. Was the knife in the prisoner's hand when he struck Malahan after they were come from the hill.

Ricks. It was. I saw it.

Q. How came you to stand by and not assist, and save your friend, when you saw the knife in the man's hand?

Ricks. I told my friend there was a knife.

Q. Where was Elizabeth Woodward, and the jew girl, when you were down the hill?

Ricks. They were down the hill with us. The other Portuguese stood upon the hill, and never came down to us.

[The jury inspect the shirt, and close to the bottom find the cut made cross-ways with a sharp instrument.]

Q. How were the two men dressed at the time they were brought to the bed-side?

Ricks. The other Portuguese had got Antonio's great-coat on, that Antonio had on the night before when we met him, and Antonio had got a Dutch cap on.

Q. Did not the prisoner deny the fact when he was by the bed-side?

Ricks. I did not hear him deny it there. He did deny it going along the street, several times.

Q. Did you see the watch?

Ricks. I did not see any watch.

Q. Did not you call out for the watch?

Ricks. No, we did not, but made the best o our way home.

Q. Was you here the day before yesterday?

Ricks. I was.

Q. Did you see some prisoners?

Ricks. I did.

Q. Did you see the prisoner at the bar?

Ricks. I think I did, but he had not put his arms into his coat, the arms were hanging about his back, and I could not see him rightly, so would not be positive to him.

Q. Did you say whether he was the man, or not?

Ricks. I said I could not tell rightly, as it was in a dark place; but, I said I should know him if I was to see him out.

Q. Did you not say he was not the man?

Ricks. I did not say he was or was not.

Q. Was the prisoner before you at that time?

Ricks. He was, but he had been in a jacket all the times I saw before.

Q. Are you sure you know him now.

Ricks. I am sure he is. This is the man.

Q. Did you not say you would hang him if there was never another man in the world?

Ricks. No, I did not.

Elizabeth Woodward. I was in company with Malahan on the 28th of March, on Tower-hill.

Q. What time of the day?

E. Woodward. Betwixt the hours of ten and eleven in the night. It was almost eleven. As we were going along we saw two Portuguese and a woman coming along; the woman gave me a push over the arm, and said, So, madam, you are so proud you are above speaking to me.

Q. What were you doing then?

E. Woodward. We were passing by them.

Q. What answer did you make?

E. Woodward. I said, I'll speak as freely to you as to any body, if I knew you. The prisoner, who was one of the men in her company, said to her, d - n your blood, you b - ch, what are you afraid of?

Q. Did you know him before?

E. Woodward. I never saw him before that night. He instantly pulled off his cloaths, and gave them into the other Portuguese's hand, and said to the deceased, If you are a man fight, or I'll lick you both, and immediately knocked the deceased down. Then he went and struck Ricks, and immediately draw'd his knife, and stabbed the deceased in his breast.

Q. Where was this?

E. Woodward. This was in the place where they met.

Q. What, where they met first of all?

E. Woodward. It was after he tumbled down on the lower part of the hill? the deceased fell down at the bottom of the hill. I fancy his foot slipp'd down.

Q. When you were upon the hill, were there not rails at the bottom of the hill?

E. Woodward. There were.

Q. How far were you, when you were upon the hill, from the rails?

E. Woodward. We were about 5 yards distance. Then Antonio was down at the bottom of the hill.

Q. Where was Ricks then?

E. Woodward. He stood still on the hill all the time. He did not go down to the rails.

Q. What became of the other Portuguese?

E. Woodward. He stood upon the hill with Antonio's cloaths under his arm.

Q. Where was you?

E. Woodward. I stood on the hill all the time. The prisoner came up to me, but never struck me.

Q. Did the jew girl go down the hill?

E. Woodward. She ran away immediately after the stab was given. I stood upon the hill all the time, and she did not go down the hill.

Q. Who were below the hill when the stab was given?

E. Woodward. At that time there was nobody down the hill but Antonio and Malahan.

Q. Did they not fight together below the hill?

E. Woodward. No they did not.

Q. Did not the deceased strike the prisoner?

E. Woodward. No, he did not lift up his hand against him.

Q. Were there no blows at all?

E. Woodward. No there were not.

Q. Was not Antonio beat down to the ground?

E. Woodward. No, he was not.

Q. Did you see a knife in Antonio's hand?

E. Woodward. I did.

Q. At what time did you see that?

E. Woodward. Just before the deceased was stabbed.

Q. Did you see it in his hand before he got down the hill?

E. Woodward. I did not.

Q. Did you see him draw it?

E. Woodward. I did not.

Q. Was it a light or dark night?

E. Woodward. It was a star-light night.

Q. How could you see a knife at five yards distance?

E. Woodward. I saw the knife in his hand, about a minute before the deceased was stabbed; it had a brightish blade, and a picked point. When the deceased cry'd out he was stabbed, I went down the hill, it was a very light night.

Q. How did the prisoner hold the knife?

E. Woodward. He held it in a back handed way, I saw him strike with it.

Q. What became of the prisoner, when Malahan called out he was stabbed?

E. Woodward. He ran away, and we led the deceased home by his arm.

Q. Did you see the wound afterwards?

E. Woodward. I did, it was in his breast.

Q. When did he die?

E. Woodward. I cannot rightly tell what day he died.

Q. Where was Ricks, at the time the blow was given?

E. Woodward. When the deceased cryed out he was stabbed, then Ricks ran down the hill.

Q. Are you sure the prisoner is the man?

E. Woodward. I am sure he is.

Cross Examination.

Q. What is the other girl's name that was with them?

E. Woodward. I do not know her name, I never saw her before to my knowledge.

Q. Did not you strike her?

E. Woodward. I did not.

Q. Had there not been some blows struck by the deceased or Ricks, before the prisoner pulled of his cloathes.

E. Woodward. No, there had not.

James Wheeler. I am a constable. I took Antonio, I first took his girl that he lived with; I took him and the other Portuguese that was with him at the time, before the deceased, as he lay in bed. He was asked which gave him the wound, he pointed to the prisoner, and said, that is the man. Then I carried him before justice Scott, and he committed him to Newgate. I asked the deceased, about two hours before he died, if that man that I brought to him was the occasion of his death; he said, it was him, and nobody else.

Cross Examination.

Q. Were the prisoner and the other Portuguese carried together to the deceased?

Wheeler. They were carried together to his bed-side, I kept the prisoner in the watch-house, while my brother officer went and fetched the other from on board a ship.

Q. How was the prisoner dressed?

Wheeler. He had a whitish jacket and a cap on.

Q. How was the other dressed?

Ward. He had a blue great coat and a hat on.

Q. Did you search the prisoner?

Ward. We did there was nothing about him but a tin box, and some papers in it?

Q. What did the prisoner say, when the deceased said he was the man?

Ward. The prisoner pointed to the other, to make him believe it was him, he was going to lay it to the other Portuguese; that is, the prisoner was; but the other Portuguese cleared it up to the justice.

Q. What did he say to the justice?

Ward. He said, he held the prisoner's cloaths the while; and said to the prisoner, I held your cloaths the while you went down to fight the the Englishman.

Gedsrey Mackdaniel. I am an officer belonging to the press-gang that the deceased and Ricks belonged to.

Q. What is your office on board a ship?

Mackdaniel. I am mate of a man of war, and mate of the gang at present. On Saturday the 28th of March, after 11 at night, I was in bed, and was called to come down, and told there was murder committed at the rendezvous. I went and found the deceased lying on his back, with a wound on his breast bleeding.

Q. Where was this?

Mackdaniel. This was at the Dutch Skaters in St. Catharine's.

Q. Whereabouts was the wound?

Mackdaniel. It was on the pit of his stomach, to the best of my remembrance, and about two inches from the middle of the stomach.

Q. How long was it?

Mackdaniel. About an inch long.

Q. What did you apprehend it to have been given with?

Mackdaniel. I apprehend it to be given with a knife?

Q. In what position was it?

Mackdaniel. It was across the breast, I immediately ordered a surgeon to be sent for, and a constable, and I charged the constable to take care of the woman (the last witness) she was then present. The surgeon came and dressed the wound, and the deceased was carried up to bed between four men. The next morning, the constable was there, and I went to find out the man that gave the wound, by the hat.

Q. What sort of a lace had it on it?

Mackdaniel. It had a narrow silver lace.

Q. Who had the hat?

Mackdaniel. The constable had it?

Q. Do you know how he came by it?

Mackdaniel. No, I do not know?

Q. to Wheeler. Where had you the hat?

Wheeler. Ricks delivered that to me, it had been a gold lace, but the gilt was worn off, and the silver appeared.

Mackdaniel. When I saw the prisoner and the other Portuguese at the watch-house, the prisoner accused the other, and the other accused him. Coming from the watch-house, to go before the justice, the constable and I agreed to carry them both up to the deceased's bedside.

Q. Was the deceased then in his senses?

Mackdaniel. He was, we asked him if he knew the man that did him the injury; he said, that is the man. I asked him a second time, he held his hand out, and said, that was the man, (he pointed to the prisoner,) to the best of my knowledge, I asked him a third time, and he seemed to be jealous of my veracity, and said, it was the man.

Q. Was Ricks in the room then?

Mackdaniel. He might be in the room at the time, but I do not recollect it. I asked the deceased several times after that, and so did Ricks, and he always said, that was the man.

Cross Examination.

Q. How near did the prisoner and the other Portuguese stand to each other?

Mackdaniel. They were both alongside each other, at the bed-side.

Q. Did they come up stairs together?

Mackdaniel. They came up the staircase together.

Q. Had not the prisoner been carried up before by himself?

Mackdaniel. No, he had not.

George Chinnery. I am an officer belonging to this press-gang, I was called out on Saturday-night, the 28th of March, in a great hurry, by one of our people telling me, Malahan had been stabbed by a Portuguese, (I lodged just by.) I went, and there I found the deceased foaming at the mouth, and appeared to have but little life in him, I saw the blood gush out of his body.

Q. Was you by when the prisoner and another Portuguese were produced before Malahan?

Chinnery. I was, he was asked twice who gave him that wound, he said, the prisoner was the man, (pointing to him.)

Q. What did the prisoner say to that?

Chinnery. The prisoner denied it.

Q. Did the prisoner always deny it?

Chinnery. I never heard him acknowledge it.

Q. Was Ricks there at the time?

Chinnery. I cannot tell whether he was or not, there was a good many people there?

Q. Did you see the prisoner searched?

Chinnery. There was nothing but a tin box taken from him by the headborough, and it was given to me, (It was delivered to the prisoner.)

Prisoner. Here are some papers missing.

Chinnery. It is now as it was delivered to me by the constable.

Q. Who was the warrant directed to, to take him?

Chinnery. We took him up without a warrant.

Wheeler. All our four headboroughs were at the taking of him.

Mr. Thompson. I am a surgeon. On a Saturday I found the deceased apparently dying; he had no pulse, with a wound in his breast.

Q. What sort of a wound was it?

Thompson. It was a transverse wound in the middle of the breast; he had lost a deal of blood. I introduced my probe, and put it further than an inch, but the deceased complained of great pain, and told me he had lost a deal of blood; then I did not put my probe any further.

Q. How wide was the wound?

Thompson. It was very nigh an inch broad.

Q. What did it appear to be given by?

Thompson. To me it appeared to have been given with a knife?

Q. When did he die?

Thompson. He lived from the 28th of March, to the 13th of April, and then died.

Q. In your opinion what was the cause of his death?

Thompson. My opinion is that he died of that wound. From the first of my seeing him, he complained of a violent shortness of breath, and to the last continued with a difficulty of breathing. At the coroner's request I opened the breast, and found the thorax full of blood, and bloody water. I apprehend that difficulty of breathing proceeded from some vessels being divided.

Q. Did you perceive the lungs to have been wounded?

Thompson. I did not perceive that they were.

Prisoner's Defence.

I did not stab him I'll assure you.

For the Prisoner.

Jane Orm. I saw the witness Ricks on Wednesday last in the Bail-dock.

Q. Who else were there at the same time?

J. Orm. There were Turvey and the prisoner and others, Ricks came in, and asked for Antonio. They asked him what he wanted with him, and whether he should know him. He said, yes. They called the men up, and Antonio stood between two of them. Ricks said, he was not the man that stabbed the other man.

Q. Did you hear him say so?

J. Orm. I did.

Q. Was there light sufficient to see the prisoner at that time?

J. Orm. There was.

Q. What time of the day was it?

J. Orm. It was four o'clock, or between four and five, in the afternoon.

Q. Had they candles?

J. Orm. They had; Ricks was going out, they called him back again, and asked him if that was the man. He said, no, he was not the man. Then he turned himself round, and said, He would hang him, if he never hung another.

Robert Turvey. I was present on Wednesday last at the time the last witness mentions.

Q. Did you see Ricks there?

Turvey. I did, the prisoner was brought with his face to the bars.

Q. Could he be seen there as plain as he can now?

Turvey. I cannot take my oath to that.

Q. Could you see him so as to know him?

Turvey. I could.

Q. Could Ricks see him as plain as you?

Turvey. He could, because we were both alike on the outside. At his first coming in at the gate, he asked for Antonio; he was answered Antonio was here. When he saw him, he did not know him.

Q. Did he say he was not the man, or he could not tell whether he was or not?

Turvey. He said he could not tell, except he was to see him out.

Francis Eagan. The prisoner has come often to my house.

Q. What has been his behaviour, peaceable, or how?

Eagan. He was always very peaceable. I saw him fight one night, and instead of stabbing the person, he gave me his knife; and after that he beat two men one after another. Now, said he, you beat me with your sticks, you shall not say I use my knife, as they say my countrymen do, and so gave it to me.

Q. How came they to fight?

Eagan. They had used him very ill; one of them was an Irishman, and the other an Englishman.

Q. Did he use to quarrel and fight often?

Eagan. I never saw him quarrel, but that one time.

John Randall. I live in St. Luke's parish, I have known the prisoner between eight and nine months, he used my house.

Q. What house do you keep?

Randall. A public-house.

Q. Is he a quarrelsome man, or of a peaceable disposition?

Randall. As quiet a man as ever I saw; I saw him fight one, and before ever he begun, he said, I will not use my knife. I will put my knife out of my pocket; then he gave it away, it was one Smith, a taylor, he fought with.

Q. How came they to fight?

Randall. Smith challenged him.

Q. Is the prisoner addicted to passion, or not?

Randall. He is not, he will sooner take two affronts, than give one.

Ann Kennedy. I have known the prisoner about 17 or 18 months.

Q. Is he a peaceable, or quarrelsome man?

A. Kennedy. I never saw him a quarrelsome man in my life, I have often seen him strive to make peace, but never saw him quarrel; I have seen him take many affronts, but never saw him give any.

Daniel Venbury. I have known him nine or ten months.

Q. Have you been often in his company?

Venbury. I have, and always found him a harmless, civil man; I have given him provocations myself.

Q. How have you given him provocations?

Venbury. By giving him a stroke with a stick once, which he never resented; and once he was playing with one of his countrymen, his countrymen took out a clasp knife, and made use of some language that I did not understand. Said the prisoner, I will not use that thing, but I'll box you in the English way, and reprimanded his countryman for taking the knife out.

Q. What are you?

Venbury. I am a sailor, I sail in the merchants service.

Q. Did you ever sail along with the prisoner?

Venbury. No.

Q. Was you an officer over him when you struck him?

Venbury. No, I was not.

Mary Eagan. It is not long since I knew the prisoner; it may be about two or three months, or thereabouts.

Q. What has been his behaviour?

M. Eagan. He behaved very well during the time I knew him.

Guilty of Manslaughter .

[Branding. See summary.]

[Imprisonment. See summary.]

184. (M) Thomas Shepherd , was indicted for the wilful murder of James Hogan , by striking him on the head with an iron hough , March 30 . ++

Walter Croyden. On Monday, the 30th of March, I had business in London.

Q. What are you?

Croyden. I am a shoemaker.

Q. Where do you live?

Croyden. I live at Chelsea, near Jews-row; the deceased was my apprentice , I left him at work when I went out. I had a son, who has lately enlisted for a soldier in an independent company, come to see me; I left him at home with the deceased; I was uncle to the deceased. When I came home, I was informed he had a wound on his head; I did not see him that night. The next day I arose and went upstairs to him, to know how it happened. He said he had received a blow on his head by a man that he did know his name.

Q. Did you ask him what it came about?

Croyden. He told me he went into the skittle-ground with my son; he stood looking on, and was not at play. There were others at play, and one man turned round to him, that had been at play, and said to him, he had laid him a penny upon the bowl of a pin. The lad said, he had laid him none, neither had he any to lay. The man insisted upon it once or twice. He said, he neither laid nor betted. Then the man came from the frame, without any words or provocation, to him and laid hold of his collar, and knocked up his heels: he got up again, and the man laid hold of him a second time, and gave him a blow, and then quitted him: that he then took to his heels, and ran eight or ten yards, and fell on his belly, with his heels towards the person; and as he lay, he held up his head, and looked at the person, and the prisoner came with a garden hough, and struck him, and broke the handle of the hough in two. I was advised to carry him to the hospital, and in about ten or eleven days he died.

Q. Did he tell you he had attempted to strike the person?

Croyden. No, he did not.

Q. Was you with the prisoner after he was apprehended?

C royden. I was with him before justice Welch.

Q. Did you charge him with this fact there?

Croyden. I did.

Q. What answer did he make to it?

Croyden. He owned he struck him with the hough, and said he was sorry for it, and said he was in liquor.

Q. Where is your son?

Croyden. He is now in Germany.

Q. Was the deceased sensible when he told you this?

Croyden. He was sensible to a few hours of his death, and always persisted in the same thing.

Cross Examination.

Q. Where was the prisoner when you first saw him?

Croyden. He was then in custody.

Q. Did the deceased tell you what words past between him and the prisoner?

Croyden. He told me he had no words with him.

Q. Did he say he had struck the prisoner?

Croyden. He did not say a word of that.

William Groom. I was in the skittle-ground at the time this thing happened; there was Thomas Shepherd, the prisoner at the bar, Isaac Croyden, and others, playing at skittles.

Q. Who were the others?

Groom. I do not know their names; they played a game or two, and then Thomas Shepherd left off; then the losers play'd.

Q. What was Hogan doing?

Groom. He was betting; Thomas Shepherd's countryman laid him a penny about going so many pins. The deceased lost it. Shepherd's countryman demanded the penny that he had won. The deceased said, he did not lay.

Q. Are you sure he did lay?

Groom. I was by and heard him; the prisoner was sitting on a bench, he jumped up, and said to the deceased, Why do you not pay me the penny, for I heard you lay? Said the deceased, I did not lay upon this. They had some words. The prisoner catched him by the collar, and again said, Why do not you pay him the money? After that he tripped up the deceased's heels.

Q. What age was the deceased, and his size?

Groom. He was a slim person, between 17 and 18; after he got up, then they had two or three words more; then the prisoner gave him a smack in the face; then the deceased catched up an iron-hough, that lay on his right hand side, against the pales, and made a full blow at the prisoner.

Q. Did he hit him?

Groom. Whether he hit him or not, I cannot say; but the prisoner put his hand up, and I believe catched the hough out of his hand by meer strength.

Q. Did he strike at him with any force?

Groom. He struck at him with great revenge.

Q. How near was you to him?

Groom. I was close by them; when the prisoner had got the hough, the deceased took to his heels, and the prisoner after him. He ran about eight or ten yards, and fell down; then the prisoner made a blow at him.

Q. Did he hit him?

Groom. Whether he hit him or not I cannot say.

Q. Had he the hough in his hand?

Groom. He had: then the deceased got up again, and put on his hat, and took to his heels again, and ran into his master's house. Then I and another went and hit the prisoner for striking the deceased.

Q. Why were you so angry with the prisoner?

Groom. Because I did not know the prisoner, and I did the deceased.

Q. Were any others angry with the prisoner for what he had done?

Groom. Yes, some of them were. After this the deceased came to the pump to wash himself: the blood ran down his face; he did not know where the wound was. I took off his hat to look at it; he looked brisk then.

Q. Did you see him after that?

Groom. Yes, in the house.

Q. Was there not a scraper near the place where the deceased's head fell?

Groom. There was.

Q. What sort of one was it?

Groom. It was the iron of a spade knocked into the ground with the edge upwards, to scrape shoes on.

Q. By the fall that he had, do you think he hit himself against the scraper?

Groom. That I do not know, he fell to be sure with great force.

Q. Did his head lay near the scraper?

Groom. His head was about half a yard over.

Q. Do you think his head hit against the scraper?

Groom. He might, or whether the hough did it, I cannot say; I ran after him, but did not see which way it was done; he fell streight to it, and his head went beyond it afterwards.

Q. How did he fall?

Groom. He fell on his side, and, as it were, he plunged forwards,

Q. Upon what part of the head did you observe the wound to be?

Groom. It was upon the right side of the head.

Q. Was the scraper on that, or the other side of the prisoner, as he lay?

Groom. The scraper was on that side of his head as he lay, where the wound was.

Q. Was you before the justice of the peace?

Groom. I was,

Q. Did you give the same account there as here?

Groom. I did, and so did Mr. Croyden's son.

Q. What did the prisoner say there?

Groom. He said, if he did do it, he was very sorry; but he went halves with the other man (meaning his countryman.)

Q. Did he say he hit him?

Groom. He said he hit at him, but could not say that he hit him.

Q. Which end of the hough did he strike at him with?

Groom. He struck at him with the handle of it in his hand; I believe he had the handle in both his hands.

Q. When you came to the deceased, as he was lying on the ground, what part of his body was nearest the scraper?

Groom. Then the scraper seemed to be near his right-hip; the prisoner struck at him as he ran along.

Cross Examination.

Q. Was the scraper raised above the ground?

Groom. It was.

Q. Did the deceased run very hard?

Groom. He did, when he found he was got from the prisoner's hands; he had a great blow across his hand.

Q How do you know that?

Groom. I saw his hand black and blue afterwards.

Q. Do you look upon that to be done by the bough?

Groom. Possibly it might.

Q. Which part of the hough did he strike the deceased with?

Groom. With the iron part of it.

Q. What part did the deceased strike the prisoner with?

Groom. The deceased had the iron part in his hand.

Sarah Eliment. The deceased said to me, O nurse, I am afraid he has given me my death's wound! I attended him all the time after he was brought into the house, 'till he died.

Q. Did he name the name of the person?

S. Eliment. He named no name at all; he said, he had rather he had killed him outright, but said he forgave him.

Leonard Hercourt. The deceased was brought to St. George's hospital.

Q. What are you?

Hercourt. I am house surgeon there.

Q. What hurt had the deceased?

Hercourt. He had a fracture in his skull, of which fracture he died.

Q. When did he come into the hospital?

Hercourt. He came on the 31st of March.

Q. When did he die?

Hercourt. He died the 11th of April.

Q. What sort of a wound was it, describe it?

Hercourt. It was on the right-side of the head, pretty near the forehead.

Q. Can you tell how it was given?

Hercourt. No, I cannot; it appeared as if given by a fall, or a blow.

Q. Which do you think?

Hercourt. It might be by either.

Q. Might the deceased have done it by falling against a scraper?

Hercourt. He might.

Q. Might he have hurt the skull in the same manner by the scraper?

Hercourt. I don't doubt but he might, as if he had had a blow given him; it seemed to be made with a kind of a sharp instrument.

Q. to Groom. Was the edge of the scraper very sharp?

Groom. It might he as sharp as a gardener's hough, for what I know; I did not take notice of it.

Cross Examination.

Q. to Hercourt. How did the wound run?

Hercourt. It run across.

Prisoner's Defence.

He struck me first, and then ran and fell upon the scraper.

Counsel for prisoner. We have five or six witnesses that were in the skittle-ground at the same time, that are to the same as the witness Groom has related; and as we cannot vary the fact at all, so we shall not take up the time of the court; and as to his character, that is out of the question; he never absconded, so we shall not trouble the court with any other witness.

Acquitted .

That the deceased died an accidental death.

185. (M) Joseph Sheffield , was indicted for stealing one silk handkerchief, value three shillings, the property of William Downes , privately and secretly from his person, his property , April 28 .~

William Downes. I was walking up Holbourn on the 28th of April, and I perceived myself jostled by one or two people, I put my hand to my pocket, and found my handkerchief gone. I looked about me, and saw the prisoner at the bar within two or three yards of me, seemingly passing by me; I was the more suspicious of him, as his hand seemed to me to have something in it in his pocket. I went to him, and put my hand down by his right-hand, and drawed out my own handkerchief from the prisoner's pocket.

Q. Are you sure it was your handkerchief?

Downes. I am, it was mine, it was marked D, Num. 6, I have half a dozen of the same kind. I got a constable, and gave him charge of the prisoner, and took him to justice Welch's. His worship was not in the way, but there was another magistrate, who committed him.

Q. What did the prisoner say for himself?

Downes. He begged he might serve his Majesty.

Thomas Freeman. I was along with Mr. Downes, going up Holbourn, near Staple's inn, Mr. Downes had hold on my shoulder, coming through the bar, there was a sort of a jostle, the prisoner went over the way with another man, leaning on his shoulder. Mr. Downes put his hand into his pocket, and said, he had lost his handkerchief; he stepped up to the prisoner, and I stepped close after him, he went to the prisoner's side, and pulled his handkerchief out of the prisoner's pocket.

Q. What did the prisoner say?

Freeman. The prisoner said, he had picked it up.

Q. from Prisoner. Was I before Mr. Downes or behind him, when you first saw me?

Freeman. Before him.

Q. Had the prisoner past by Mr. Downes?

Freeman. He had.

Prisoner's defence.

I am very innocent of it, I never intended to rob the gentleman, no more than the farthest person in the world. I am a plaisterer by trade, and I was going to a gentleman that I worked for to get a job, I saw the handkerchief lie on the ground, there were two or three people just by it. I said, does this belong to you, they said no. I walked along with it in my hand, looking at it, then I put it into my pocket, I have a person here that saw me pick it up.

For the prisoner.

Mary Sampson. Last Thursday se'ennight, I was going up Holbourn, I saw the prisoner at the bar pick up a handkerchief, to the best of my knowledge it was a red one; he offered it to a man and a woman, and asked them if it was theirs, they said no.

Q. Whereabouts did he pick it up?

M. Sampson. It was beyond Holbourn-bars, towards St. Giles's.

Q. What time of the day was this?

M. Sampson. This was between twelve and one o'clock.

Q. What is your business?

M. Sampson. I deal in old cloaths.

Q. Where do you live?

M. Sampson. I live in Rosemary-lane, and was going up that way about my business; I was desired to go and buy some goods in Long-acre, and I was told that he was committed to New-prison. He desired I would give him my name, and where I lived, I said I would, and would appear.

Q. How long after you saw him pick up a handkerchief was it, that you saw him again?

M. Sampson. I saw him in custody about half an hour after I saw him pick it up.

Q. Where did you see him in custody?

M. Sampson. In Long-acre, I came out about my business.

Q. What part of Holbourn was you coming from?

M. Sampson. I was going streight up Holbourn hill beyond the bars on the right-hand side the way.

Q. Did you call any where before you saw the prisoner in Long-acre?

M. Sampson. I called at two or three places, and made no other stop.

Q. Where did you go to, between your seeing him the second time?

M. Sampsom. I was in Tyburn road, and in St. Giles's after that; I cannot be particular in every place.

Q. Did you see the prisoner in custody, before he was at Mr. Welch's?

M. Sampson. No, it was after he came out at Mr. Welch's.

Q. Was you near him when he pickt the handkerchief up?

M. Sampson. I was close to him, I looked in his face when he pickt it up, and took particular notice of him.

Q. to prosecutor. Have you the handkerchief here?

Prosecutor. I have, here it is, (producing it).

Q. to M. Sampson. Was it like this?

M. Sampson. It was much such a one as this.

Q. Did you see it before he took it up?

M. Sampson. I did not see it, till I saw him stoop; after that I went about my business, and thought no more of it.

Q. Did you offer to buy it?

M. Sampson. I did not, neither did the young man offer to sell it.

Q. What day of the week was this?

M. Sampson. This was last Thursday was se'ennight.

Q. Where did you go first when you went out of Holbourn?

M. Sampson. I made the best of my way to Long-acre.

Q. Where did you go from Long-acre?

M. Sampson. From thence, after I spoke to him there, and said, I would appear on his trial, I went into Tyburn-road.

Q. Did you, or did you not, go into Tyburn-road, before you went into Long-acre?

M. Sampson. I went immediately into Long-acre, only asked at several houses.

Q. How long did these stops take up, did you go into any houses?

M. Sampson. No, It might be a minute at a place, I only asked if they had any thing in my way, nobody said yes; if they said no, I went immediately about by business.

Q. Was the prisoner going towards St. Giles's?

M. Sampson. He was going along I think towards St. Giles's.

Q. What house in Long-acre did you go into?

M. Sampson. As I went along Long-acre, I saw a croud about the justice's door.

Q. How was the prisoner dressed?

M. Sampson. He had a thickish coat, and a brown waistcoat on.

Q. Did you observe any body along with him when he pickt up the handkerchief?

M. Sampson. No, I did not.

Q. to Prosecutor. Do you remember seeing this woman by at that time?

Prosecutor. I do not remember seeing her near me.

Q. How long had you missed your handkerchief, before you found it again?

Prosecutor. I no sooner missed it, but I took it out of the prisoner's pocket, in about half a minute's time.

William Higgins. I have known the prisoner about 11 years.

Q. Have you been intimate with him all the time?

Higgins. I have been pretty intimate with him all the time.

Q. What is his general character?

Higgins. I never heard any harm by him, all the time I knew him, only following the trade of a plaisterer.

Q. Is there any harm in that?

Higgins. Not as I know of.

Q. Have you known him within this last year or two?

Higgins. I have seen him a rope-making, when plaistering has been slack.

John Shepherd. I have known the prisoner three or four years.

Q. What three or four years last past?

Shepherd. I have.

Q. What is his general character?

Shepherd. I never heard no otherwise, but that he bore the character of a very honest man.

Q. What business did he follow?

Shepherd. I knew he worked at rope-making, I have drank with him and seen him at work.

Q. What are you?

Shepherd. I am a biscuit-baker.

John Wood. I have known him 11 years.

Q. What is his character?

Wood. I never heard any thing amiss of him, he followed the business of a plaisterer, and lived in the business I live in.

Q. Where does he live?

Wood. He lived in Rosemary-lane.

Hannah Stevens. I live in Lime-house, I have an estate, and the prisoner had done business upon it for me eight years almost.

Q. How has he behaved?

H. Stevens. I always found him very just and faithful, I have trusted him with money, and money's worth.

Q. to Prosecutor. What time did you lose your handkerchief?

Prosecutor. I lost it about 12 o'clock, and believe I had it again after I lost it in half a minute.

Q. Do you recollect when you made use of it last, before you missed it?

Prosecutor. No. I do not recollect I used it, from the time I set out from Holbourn bridge. It was one of the last things I did, to put a clean handkerchief in my pocket, before I set out, and I went directly up Holbourn-hill. I don't recollect that I stopped any where.

Q. Are you sure you did not stop?

Prosecutor. I did not. I was rather in a hurry, and I missed my handkerchief after I was through the bars, and I took it from the prisoner at the end of Gray's-inn-lane.

Q. How far had you walked before you had your handkerchief again?

Prosecutor. I dont't imagine I had walked ten yards before I had it again. I had a suspicion from the hustle. Then the prisoner was passing by me. He seemed in a confusion.

Q. Was you through the bars when the hustle was?

Prosecutor. I was, and very near the end of Gray's-inn lane.

Q. From the time of the hustle to the time you got your handkerchief again, how long might it be?

Prosecutor. I think it could not be a minute.

Q. Did the prisoner say he had offered it to any body?

Prosecutor. No, he did not. If he had I certainly should have seen it.

Q. to Freeman. How near was the prisoner to you when you saw him first?

Freeman. He was about three yards before us, when I first saw him going up Holbourn hill.

Prisoner. I carried the handkerchief five or six yards in my hand, before I put it into my pocket.

Q. to prosecutor. How long was you going to Mr. Welch's.

Prosecutor. I had the prisoner by the collar. I had him to a constable's house at the Green gate, he was not at home; then I had him down Gray's-inn-lane, by the collar, to another constable. It might be about half an hour before I got to justice Welch's house.

Q. How far did the constable live down the lane?

Prosecutor. It was rather below Gray's-inn-gate.

Guilty, 10 d.

[Transportation. See summary.]

186. (M.) Charles Goodwin , was indicted for stealing one gold ring, value 10 s. the property of Sir Charles Buck , one silk gown, the property of Elizabeth Smith , and one capuchin, value 4 s. the property of Mary Easted , spinster , April 25 .~

Elizabeth Smith. I belong to Sir Charles Buck. We missed several things at the fire in Glass-house-street . I missed a gold ring, a black sattin gown flowered with colours. The ring was Sir Charles's, the gown my own.

Q. Did you ever see them, or either of them, since you missed them?

E. Smith. I saw them again at justice Fielding's. I cannot swear to the ring, I believe it to be Sir Charles's property.

Jane Barker. I bought a gown sprigged with flowers, and a capuchin, of the prisoner at the bar.

Q. When?

J. Barker. I cannot say to the day.

Q. How long ago?

J. Barker. It may be near a fortnight ago?

Q. Was it since the fire in Glass-house-street?

J Barker. It was since that. [A gown produced in court.] This is the gown.

Q. to E. Smith. Look at that gown. Do you know it?

E. Smith. This is my property, the same I lost at the fire.

Q. Did you know the prisoner before?

J. Barker. I don't know that ever I saw him before?

Q. Do you deal in such things?

J. Barker. I deal in buying and selling of cloaths. The prisoner lived within four doors of us. I knew his wife, but not him.

Q. Was you before justice Fielding with him?

J. Barker. I was.

Q. What did he say there?

J Barker. He said a man gave them him in a bundle at the corner of Saville row.

James Mortimore. I am a constable. When I took the prisoner he denied the fact.

Q. Where did you take him?

Mortimore. I took him in Leicester-fields.

Q. What is he?

Mortimore. He is a chairman.

Q. Did you search him?

Mortimore. I did. I found nothing at all upon him. I carried him before justice Fielding. [He produced a gold ring.] I had this ring from Mrs. Barker.

Q. to Mrs. Barker. Did you deliver this ring to the constable?

J. Barker. I did.

Q. Where had you it?

J. Barker. I had it of the prisoner's wife. The prisoner said he knew nothing of the ring when I produced it before the justice.

Prisoner's defence.

I carried a lady home one night, and picked up this bundle in the street, and the very next morning I sold that gown to this woman. I did not know what was in the bundle, till I opened it, no more than the man in the moon.

For the Prisoner.

William Smith. I have known the prisoner 15 years.

Q. What is his general character?

Smith. I never knew any harm by him.

Moses Oates. I have known him five years.

Q. What is his character?

Oates. An honest industrious man as ever lived.

Daniel Burr. I have known him some time. I never knew any ill of him.

John Lion. I have known him between 10 and 11 years. My lady Cooper uses my house. He has carried her some years.

Richard Bourn. I have known him 15 years. He lodged with me.

Q. What has been his behaviour?

Bourn. I never knew any thing of him but what was just and honest. He was so to me.

James Dove. I have known him five years.

Q. What has been his character?

Dove. I never heard any ill of him in my lifetime.

A witness. I have known him seven years. He carries several people of quality. I know nothing of him but what is just and honest.

John Goodwin. I am his brother. I never knew any thing of him besides that of an honest character. How this came I cannot tell.

Guilty of stealing the gown .

[Transportation. See summary.]

Thomas Davis , capitally convicted last sessions, was executed on Monday the 20th of April.

The trials being ended, the court proceeded to Judgment.

Received sentence of death, Seven.

Thomas Andrews, William Glascow, Cha. Spruce, John Brett, David Morgan, William Dupuy, and Joseph Walley.

Transportation for fourteen years, Two.

Andrew Miller, and Elizabeth Clay.

Transportation for seven years, Eleven.

John Quinsey, Elizabeth Woodward, Mary Chambers, Mary Tompson, Isaac Edgerton, Ann Lewis, Joseph Sheffield, Isabella Daffey, Charles Gilding, Eleonor Middleditch, and James Head.

To be branded, Three.

William Smith, Joshua Holmes, and Antonic de Silva, otherwise Seguentor. Joshua Holmes to be imprisoned in Newgate one month, and Silva three.

Thomas Davis , capitally convicted last sessions, was executed on Monday the 20th of April.

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In the First Part, page 207. first col. third line from the bottom, for October read April; page 204, first col. 18th line from the bottom, for three, read eight; page 205, first col. 23d line from the bottom, for more, read money; ditto last line from the bottom, read two half-guineas, and two shillings.